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TRO over Garapan land dismissed
Superior Court Associate Judge David A. Wiseman dismissed yesterday the temporary restraining he issued to prevent the Department of Public Lands from conveying any part of 1,950 square meters of public land in Garapan that is the subject of a tussle between two companies.
Wiseman also canceled the preliminary injunction hearing scheduled for yesterday afternoon in connection with the lawsuit filed by H.S. Lee Construction Co. Inc.
The judge issued the dismissal order after H.S. Lee, through counsel William M. Fitzgerald, filed in court on Tuesday a notice of dismissal of its lawsuit against DPL and DPL Secretary Pedro A. Tenorio.
Fitzgerald notified DPL, Tenorio, and their counsel about H.S. Lee’s dismissal of the lawsuit.
Fitzgerald did not mention in court papers the reason for H.S. Lee’s decision to drop the case.
Asked for comment, Fitzgerald said his client referred the matter to DPL.
Saipan Tribune contacted DPL Secretary Tenorio, but a staff said Tenorio will hold a press conference about the matter and other issues today, Thursday.
H.S. Lee Construction Co. Inc. is planning to build parking spaces for its commercial building on the disputed land but Best Sunshine International, Ltd. apparently opposed the carving of the lot as it is part of a big land needed for its casino project.
Wiseman issued the TRO last Feb. 20 at the request of H.S. Lee Construction pending a hearing and determination of its motion for preliminary injunction.
In H.S. Lee’s lawsuit, Fitzgerald said DPL first agreed to reserve 1,950 square meters for the 68 parking spaces of H.S. Lee’s building but it later claimed the land will be needed for the casino project.
The lawyer said if his client is not given the piece of land, they will lose all of their investment, causing irreparable injury.
Fitzgerald said they’re talking about a very small property consisting of 1,000 square meters that they compromised on instead of the initial 1,950.
