Supreme Court denies doctor's TRO
by Nick Delgado
Guam - The Supreme Court of Guam affirmed its denial of Dr. Hugh Sule's application for a temporary restraining order in the case against the Guam Board of Examiners for Dentistry, Stanley Y. Yasuhiro, Roger J. Kaneshiro, Maria C.V. Alegria, Janice P. Malilay, and Antonio M. Rapadas today.
The high court did vacate a portion of the decision and order denying the Enforcement of Proper Government Spending Act Claim. Dr. Sule filed a complaint in the Superior Court seeking the TRO and an injunction against the board and its members. A news release states the complaint stems from a disciplinary action taken against him by the dental board during meetings that violated the Open Government Law.
Sule also brought claim regarding improper notice by the board under the Enforcement of Proper Government Spending Act.
Superior Court justices all determined that Dr. Sule's application for a TRO failed to show merit, and upheld the Superior Court's decision and order denying the application for TRO. Although upheld, the case has been remanded for further proceedings as the Superior Court exceeded the scope of the TRO application by ruling on the merits of Dr. Sule's taxpayer lawsuit.