Previous Story
Torres’ TRO request denied
|
Posted on Mar 29 2006
Superior Court Associate Judge Kenneth L. Govendo yesterday denied Rep. Stanley T. Torres’ request for a temporary restraining order that seeks to prevent Gov. Benigno R. Fitial from cutting the Legislature’s budget beyond 7.1 percent.
Govendo said that, after reviewing the documents, he finds that petitioner Torres “has failed to meet the minimum requirements set forth in Rule 65(b) and there exists an insufficient basis for the issuance of a TRO.”
First, Govendo noted, Torres has not provided the court specific facts in an affidavit or in a verified complaint showing that immediate and irreparable injury, loss, or damage will result prior to a scheduled hearing.
Second, the judge said, neither the petitioner nor his attorney, if he has one, has certified to the court in writing the efforts, if any, which have been made to give notice to opposing counsel and the reasons supporting the claim that notice should not be required.
Torres, in his petition, also moved the court to declare that Fitial’s budget reductions were in violation of the law, and to return the “excess” amount to the lawmakers.
The representative, who belongs to the House’s minority bloc, demanded that the court should declare null and void the Feb. 26 state of emergency declaration for the Commonwealth Utilities Corp. In addition, he asked the court to stop the administration from hiring new government employees.
The Saipan Tribune tried to obtain comments from Torres but he said he was not ready yet to comment.
