Govendo recuses self from suit vs CUC, govt

Superior Court Associate Judge Kenneth L. Govendo recused himself yesterday from handling a lawsuit filed by a landowner against the Commonwealth Utilities Corp. and the CNMI government for allegedly putting up a water tank and fences on his land in Rafugao without compensating him.

Govendo granted CUC counsel James S. Sirok’s motion to recuse himself from handling Conrad M. Sablan’s case. Govendo will later issue a formal order related to his decision.

With Govendo’s recusal, the scheduled bench trial yesterday in Sablan’s lawsuit did not push through. The case will be transferred to Superior Court Presiding Judge Roberto C. Naraja, who will designate a new judge for the case.

The original schedule for the trial was last Monday, but Govendo moved it to yesterday after a bank filed a motion to intervene in the case.

The bank, through counsel Mark Scoggins, informed the court yesterday that it is withdrawing its motion.

In response to Saipan Tribune’s inquiry, Sirok said he made the request for Govendo’s self-recusal during a closed hearing yesterday morning.

Sirok made the request based on the statements that Govendo made in his order denying the CNMI government’s motion for summary judgment, which was reported in local newspapers.

Sirok also pointed out that Govendo is personally involved in a billing dispute with CUC, which is ongoing.

Saipan Tribune learned that Govendo’s wife disputed CUC’s water billing for their house.

The judge recused himself on the grounds of his wife’s water billing dispute and not because of his statements in the summary judgment matter.

Saipan Tribune published yesterday Govendo’s statement in the summary judgment issue, in which he stated that CUC’s “careless disregard” for landowners’ rights is “shocking and offends the rights of Northern Marianas people.”

Govendo stated that the CNMI has made a habit of taking land from people and attempting to refuse to pay these people just compensation.

In some areas, the judge said, the CNMI “simply stalls for years, dragging its feet before paying it.”

Sablan, through counsel Brien Sers Nicholas, is suing CUC for trespassing and against CUC and the CNMI for taking his property without just compensation.

Sablan found out in 2013 that CUC had built a water tank, the Maui IV Water Tank, on his land. The tank was built in March 1992.

Sablan further discovered that CUC also built wire fences that prevent him from being able to access his other property in the same area.