by Mindy Aguon
Guam - Superior Court of Guam Judge Elizabeth Barrett Anderson denied Younex's motion to intervene in a Tamuning resident's civil suit against the Guam Land Use Commission. The court previously found that the government failed to provide proper notice to residents, like Mary Ann Sablan, living near the Emerald Verace Project in Tamuning.
The judge declared Younex's zone variance permit null and void. The company had sought intervention as they believe the law was followed and notice was discretionary. The judge denied that request in an order issued today finding the delay in the company's efforts to get involved in the case was unreasonable.
The Government of Guam meanwhile has until Thursday to file an appeal to the Supreme Court of Guam.
Younex has received a copy of Judge Elizabeth Barrett-Anderson's decision not to allow Younex International Corporation the opportunity to intervene in the case filed against the Guam Land Use Commission related to the Emerald Oceanview Condominium Project.
Younex, through its attorneys, will take appropriate legal action to appeal this decision to assure that any final outcome would not negatively impact the project. As this matter will continue to be litigated, no further comment can be provided at this time.
Court DENIES Younex's Motion to Intervene
Judge Elizabeth Barrett-Anderson ruled against Younex International Corporation this afternoon and denied Younex's motion to intervene. The Court found Younex's delay in filing its motion manifestly unreasonable.
On February 10, 2011, as a result of a case filed by Jones Town resident Maryann Sablan, the Court ruled that the Guam Land Use Commission's approval of Younex's zone variance application NULL and VOID.
Attorney Darleen Hiton explained the consequences of the Court's decision today. "This case is a simple example of the Government of Guam failing to follow the law. Hopefully this ends the last minute attempt to reverse the Court favorable ruling and three (3) years of litigation. My client is extremely relieved that the Court would not tolerate blatant disregard for established rules and regulations."
Attorney Hiton added, "The People of Guam are the real victors in this case because justice prevailed."