Resto owner seeks TRO vs teacher

The owner of Shark’s Fin Restaurant in Chalan Kanoa has asked the Superior Court for a temporary restraining order that would prevent a teacher from allegedly harassing his customers by blocking the establishment’s parking lot.

The court reportedly granted the TRO request in favor of Ta Bun Kuy, after James Feger admitted blocking the parking lot on several occasions with huge rocks, loads of corals and other objects.

Ray Bermudes, also known as Ray Falcon, who had entered into the lease agreement on behalf of the lessors in connection with the restaurant’s lease, said the court granted Ta’s request Thursday.

Ta had filed a civil action that sought a court injunction preventing Feger from “trespassing” into the parking lot. The suit is seeking compensatory and punitive damages versus Feger.

Falcon also affirmed the validity of Ta’s lease, saying that the businessman acquired interests over a land lease from one Tsu Ming Sheu. Falcon, acting as agent on behalf of his brother Franklin Mendiola Bermudes, the registered landowner, entered into a lease agreement with Sheu.

Earlier, Feger said that the land being used by the restaurant as its parking lot belongs to his wife, Barbara B. Feger, who does not get paid for Ta’s rent of the property. He said his wife, Falcon’s sister, does not even get paid for the lease of a 418-square meter lot where the restaurant stands. Feger claimed that his wife and the Bermudes family estate co-own the restaurant lot with Falcon.

Falcon asserted that he had validly entered into a lease agreement with Sheu, saying that he had a power of attorney executed by his siblings, including Franklin Bermudes, sometime in 2000.

In May 2002, however, Bermudes executed a deed of gift to Barbara assigning his ownership rights over the parking lot to his sister. Bermudes telephoned the Saipan Tribune from Reno, Nevada and claimed that he had never authorized Falcon to enter into a lease agreement in 2000.

Falcon alleged that the deed was procured by fraud. Besides, he asserted that Bermudes consented and affirmed the grant of power of attorney to him in 2000. Falcon said the lease agreement entered into with the restaurant was valid.

Earlier this month, Falcon sought a court order for a TRO against Feger. Last week, the court dissolved the TRO and said that Feger committed no family violence, but it directed the teacher to remove the coral rock pile from Falcon’s driveway.

Falcon also disclosed that the court had convicted Feger of assault and battery sometime in 2006, after the teacher assaulted him. (John Ravelo)