Landowner gets his $262.9K from DPL

The U.S. Marshals Service was able to collect $262,934.05 from the bank accounts of the Department of Public Lands to satisfy the court’s judgment, costs, and interest to landowner Antonio S. Camacho.

With the collection of the money and subsequent payment to Camacho, U.S. District Court for the NMI chief judge Alex R. Munson has dissolved the court’s writ of execution.

Munson said the writ of execution he issued on Oct. 27, 2008, is now dissolved and that “all persons, entities and institutions holding property of DPL and Department of Public Works shall allow the defendants access to such property unfettered by the judgment and writ of execution.”

Lawyer Michael W. Dotts asked the court last week to dissolve the writ of execution because on Oct. 31, 2008, the entire amount due under the writ was paid to his client, Camacho, with the assistance of the U.S. Marshals Service.

Bank of Guam vice president/CNMI regional manager Marcie M. Tomokane had forwarded to the court a cashier’s check in the amount of $262,934.05 for remittance on a notice of writ of execution.

A federal jury in December 2006 found DPL—as the successor to the defunct MPLA—liable to pay $239,397 to Camacho for the taking of his land in Gualo Rai. The jurors also reached a finding that all of Camacho’s properties were taken in the early 1990s.

DPL appealed to the U.S. Court of Appeals for the Ninth Circuit. DPL’s appeal was dismissed in August 2007 for failure to file an opening brief. The case lay dormant until Camacho filed the motion for writ of execution.

DPL urged the federal court to defer to Commonwealth law and agree with it that Camacho has no means to enforce his judgment without the Legislature setting aside money for this.

Munson ruled otherwise, granting Camacho’s motion.

In issuing the writ, Munson ordered the U.S. Marshal to seize DPL funds held in bank accounts, goods, and any other property to satisfy a total of $262,714.60 in judgment, costs, and interest to a landowner.

Munson directed the U.S. Marshal to retain the unpaid balance of $262,714.60 plus per diem interest from and after Oct. 24, 2008, at a rate of $31.35 per day until the date the judgment is satisfied.

Munson ordered the U.S. Marshal to come to the court on Nov. 7, 2008, to give the money to Camacho.

Dotts said he twice contacted the Office of the Attorney General, counsel for DPL, in an attempt to open a dialogue to reach a mutually-agreeable method to pay the judgment in the case. Dotts said that acting Attorney General Gregory Baka did not respond.

Munson recently ruled that it can enforce its judgments against CNMI government agencies even if the Legislature has not appropriated money to satisfy such judgments.

“The failure of the Legislature to fulfill its constitutional mandate does not, cannot, and will not prevent the court from taking all necessary steps to ensure that its judgments are enforceable,” Munson said.