Younex files motion to intervene - KUAM.com-KUAM News: On Air. Online. On Demand.

Younex files motion to intervene

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by Mindy Aguon

Guam - Saying the Government of Guam isn't going to protect its interest and the project's financing is in jeopardy, Younex appeared in the Superior Court asking to intervene in a case that's already been tried and decided. Last month Superior Court Judge Elizabeth Barrett Andersen determined that the Department of Land Management, through the Guam Land Use Commission, failed to properly give notice to residents living near the condominium project in Jonestown about Younex's application for a zone variance. 

Tamuning resident Mary Ann Sablan filed a lawsuit regarding the lack of notice and was pleased with the judge's decision that proper notification would have to occur when the GLUC reheard the zone variance application. But Younex, through its attorneys Rodney Jacob and Kathy Fisher, has now filed a motion to intervene in the matter as the government has declined to file an appeal of the judge's ruling.

Sablan has opposed the motion, saying the company should have done so three years ago but it instead took the risk of continuing with construction anyway.

Judge Barrett Anderson said she was sympathetic to the company's concerns regarding financing and millions in investments, but said she first wants to hear from the government on what action, if any, it's taking against Younex.  The court set another hearing for 10 o'clock Wednesday morning ordering the parties to return including an assistant attorney general and a government official.

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