Younex to intervene in Sablan vs. GLUC suit - KUAM.com-KUAM News: On Air. Online. On Demand.

Younex to intervene in Sablan vs. GLUC suit

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by Mindy Aguon

Guam - The Government of Guam will appeal a Superior Court decision that deemed the Guam Land Use Commission's zone variance for Younex's high-rise condominium project null and void. Younex is now asking to get involved in the matter, but one Tamuning resident who filed suit for the government's failure to provide notice about the project says the efforts are too little, too late.

"The interveners have waited over three and a half years in order to ask the court to have their day in court," said Attorney Darleen Hiton. The legal counsel for Mary Ann Sablan says Younex had sufficient time to get involved in a lawsuit her client filed against the Government of Guam several years ago.

"Obviously," she said, "the court has come down with a decision that does not favor their interest and now they're asking the court to ultimately reconsider."

After the case went to trial, Superior Court Judge Elizabeth Barrett Anderson ruled that the zone variance granted to the company was null and void and that the GLUC must rehear the application for the high-rise condominium that has already been erected in Tamuning in front of Sablan's home.

Younex attorney Rodney Jacob says millions has been invested and construction has already begun. He believes, if his client is allowed to participate in the case, they could provide evidence that could reverse the judge's ruling. He told KUAM News, "I believe that the law is for a zoning variance, which this is: that at the time in 2007 the notice was discretionary and that's in the statute. So the question before the court which we're asking on reconsideration is which law applies.

"We believe that the GLUC action was appropriate and proper - and most of all, lawful - and Younex wants to come in and continue and finish the project."

Jacobs adds his client has been a good corporate citizen, providing massive sewer and waterline improvements to Jonestown to benefit residents in the area, including Sablan.

But she isn't giving up on her efforts to have the zone variance reheard and ultimately shut down. Said Sablan, "Well, it's a sign they took a gamble. And you can replace money as far as investments are concerned, but you cannot replace human life. If something happens, if there's an earthquake and here we are just sitting down and I have a feeling it's going to come down on us, and that's what I'm trying to avoid."

Judge Barrett Anderson will hear Younex's motion to intervene on April 6.

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