by Sabrina Salas Matanane

Guam - A Superior Court judge has ordered the Ancestral Lands Commission not to transfer former Federal Aviation Administration property and Marbo Base Command property to Tiyan landowners. In a decision and order handed down today, Superior Court Judge Arthur Barcinas indicated that the injunction will remain in effect until the court disposes of this case following a trial.

Ancestral land owners were fighting Public Law 30-158. Maria Gange, Jesus Charfauros, Ana Chargualaf and Jesus Aguigui filed the suit against the Commission to prevent the transfer of the property, claiming only a few would benefit from the land swap instead of all ancestral land owners. They claimed the law is unconstitutional, inorganic and illegal. The judge noted that further delay may be found inexcusable and urged speed in properly filing any motion to intervene.

Once it's determined if there are individuals who seek to intervene, the court will hear the plaintiffs motion to certify the class and set a separate date for trial to decide whether his order issued today will be permanent.

Judge Barcinas also granted the plaintiffs leave to amend the complaint within 30 days.

DECISION FOR THIS CASE