by Mindy Aguon

Guam - The Supreme Court of Guam reversed the trial court's ruling in former governor Carl Gutierrez's case against the Guam Power Authority. The decision means that Gutierrez was entitled to compensation for power poles the utility agency had installed on his Dededo land.

The former governor sued the power authority back in 2005, but GPA argued that it had acquired a license from the Navy in 1989 permitting the placement of the poles on the property and that the license was valid against Gutierrez. The Supreme Court, however, found that the encroachment was a substantial occupation for the property and Gutierrez provided sufficient evidence of the fair market rental value of the space occupied by the power poles.

The case was remanded to the trial court to determine how much in damages GPA should pay to Gutierrez.