by Mindy Aguon
Guam - The Attorney General's Office's complaint against its former client, the Department of Revenue & Taxation, over gaming machines has been thrown out. Superior Court Judge Arthur Barcinas dismissed the lawsuit finding that the AG's Office failed to exhaust its administrative remedies.
Specifically the court noted that the AG's Office failed to request that rev and tax pass on the validity of a regulation over electronic gaming device licenses and the legality of the devices. Judge Barcinas dismissed the AG's complaint as well as a cross-claim filed by Pacific Amusement that was allowed to intervene in the case as they seek licensure of their machines. The court noted that it lacked jurisdiction so there was no need to decide whether the AG should be disqualified from the case.
The Governor's Office argued that a clear conflict existed as the AG had previously been Rev & Tax's legal counsel over the gaming machine issue and then turned around and sued their former client in this case.