Superior Court Associate Judge David A. Wiseman issued this morning, Tuesday, a temporary restraining order that prohibits Gov. Benigno R. Fitial, former attorney general Edward T. Buckingham, the Commonwealth Utilities Corp., and Saipan Development LLC from pursuing the $190-million, 25-year power purchase agreement.
In granting Rep. Janet U. Maratita's (Ind-Saipan) motion for TRO, Wiseman ordered Fitial, Buckingham, CUC, and Saipan Development LLC to show cause why a preliminary injunction against them, restraining the same activities, should not be issued.
The judge said in issuing the TRO no security bond shall be required because Maratita is an elected officer of the Commonwealth, and any case, the court determines that it is in the public's best interest not to require security for this case.
Wiseman set the hearing on the lawmaker's motion for preliminary injunction for Aug. 30, 2012 at 1:30pm.
Maratita, through counsel Ramon Quichocho, is suing Fitial, Buckingham, CUC, and Saipan Development LLC over the signing of the power purchase agreement on Aug. 3, 2012.
Maratita asked the court to declare that the power purchase agreement is “unconstitutional, illegal, unconscionable, and unjust, and therefore cancelled.”
More details to follow.