Preliminary injunction concludes, order to follow

The hearing for a preliminary injunction that started last Monday concluded yesterday but Superior Court Associate Judge Kenneth Govendo announced that his decision to produce an order after 10 days still stands.

The preliminary injunction hearing that dragged on for three consecutive days concluded yesterday with both parties presenting closing statements and reiterating their initial arguments and ultimately stating that all they want is clarity from the court.

Imperial Pacific International (CNMI) LLC lawyer Viola Alepuyo said the most important message they want to convey is that judicial clarity is needed.

“The most important message we wanted to convey was that we need to be provided with clarity, clarity so we know what we’re doing. Even a simple thing such as an Open Government Act can be confusing. These are complex issues because these deal with constitutions and we just need to make sure that everyone, not just IPI, follows the law but, before we can follow the law, we need to know that the law is [clear],” she said.

Assistant attorney general Michael Ernest, who is representing the Commonwealth Casino Commission, said that whatever clarity the court can provide regarding the matter will be appreciated.

He said the judge’s decision on the law will be future investors’ first impression of the Commonwealth.

“Like the court said…whatever decision he makes, it’s going to be the first statement of the law in the Commonwealth, so it’s probably going to be reviewed closely by each side and we’re just grateful for the clarity we hope the court’s order will provide. We look forward to seeing his order,” he said.

Govendo stated before the end of the preliminary injunction hearing that there is room for compromise if both CCC and IPI can sit down and discuss it because tax information is no longer the only issue being argued, but other information included in the audited financial statements that was not divulged in court.

“This is complicated stuff and this court knows that it’s going beyond this court, one way or another. I cannot please both sides. I think there is some room for compromise. Give that some consideration if you will and, if not, I will make a decision based on what is in front of me,” he said.

Govendo will be releasing his order on the matter on July 19 before the business day ends.

IPI filed for a preliminary injunction last week to prohibit CCC from releasing information in their audited financial reports that they believe is confidential.