by Mindy Aguon
Guam - A Supreme Court of Guam decision has reaffirmed that a 1996 agreement between the Government of Guam and Guam Resource Recovery Partners is unenforceable. The case has been held up in litigation for more than a decade since Senator Ben Pangelinan and former Santa Rita mayor Joseph Wesley filed suit against the public sector, opposing the construction of an incinerator on Guam.
In 2008 the Supreme Court found the contract to be illegal as a matter of law and remanded the case back to the trial court for further proceedings. Superior Court Judge Steven Unpingco declared the entire agreement void and enjoined the government from performing on any part of the contract.
GRRP in turn appealed that decision arguing that further proceedings ordered by the Supreme Court would require a new trial or an evidentiary hearing. Justices however in an opinion and judgment handed down today affirmed the judgment of the trial court as the appellate panel did not find any evidence there was an error in judgment in the conclusion that was reached.
Pangelinan's attorney, Mike Phillips, believes today's opinion means there are no issues left for GRRP to appeal, finally put an end to the decade old matter.