Superior Court Associate Judge Kenneth L. Govendo recused himself yesterday from handling a lawsuit filed by a landowner against the Commonwealth Utilities Corp. and the CNMI government for allegedly putting up a water tank and fences on his land in Rafugao without compensating him. <\/p>\n
Govendo granted CUC counsel James S. Sirok\u2019s motion to recuse himself from handling Conrad M. Sablan\u2019s case. Govendo will later issue a formal order related to his decision.<\/p>\n
With Govendo\u2019s recusal, the scheduled bench trial yesterday in Sablan\u2019s lawsuit did not push through. The case will be transferred to Superior Court Presiding Judge Roberto C. Naraja, who will designate a new judge for the case.<\/p>\n
The original schedule for the trial was last Monday, but Govendo moved it to yesterday after a bank filed a motion to intervene in the case. <\/p>\n
The bank, through counsel Mark Scoggins, informed the court yesterday that it is withdrawing its motion.<\/p>\n
In response to Saipan Tribune\u2019s inquiry, Sirok said he made the request for Govendo\u2019s self-recusal during a closed hearing yesterday morning.<\/p>\n
Sirok made the request based on the statements that Govendo made in his order denying the CNMI government\u2019s motion for summary judgment, which was reported in local newspapers.<\/p>\n
Sirok also pointed out that Govendo is personally involved in a billing dispute with CUC, which is ongoing.<\/p>\n
Saipan Tribune learned that Govendo\u2019s wife disputed CUC\u2019s water billing for their house.<\/p>\n
The judge recused himself on the grounds of his wife\u2019s water billing dispute and not because of his statements in the summary judgment matter.<\/p>\n
Saipan Tribune published yesterday Govendo\u2019s statement in the summary judgment issue, in which he stated that CUC\u2019s \u201ccareless disregard\u201d for landowners\u2019 rights is \u201cshocking and offends the rights of Northern Marianas people.\u201d<\/p>\n
Govendo stated that the CNMI has made a habit of taking land from people and attempting to refuse to pay these people just compensation.<\/p>\n
In some areas, the judge said, the CNMI \u201csimply stalls for years, dragging its feet before paying it.\u201d<\/p>\n
Sablan, through counsel Brien Sers Nicholas, is suing CUC for trespassing and against CUC and the CNMI for taking his property without just compensation. <\/p>\n
Sablan found out in 2013 that CUC had built a water tank, the Maui IV Water Tank, on his land. The tank was built in March 1992. <\/p>\n
Sablan further discovered that CUC also built wire fences that prevent him from being able to access his other property in the same area. <\/p>\n","protected":false},"excerpt":{"rendered":"
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