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Last updateSat, 07 Dec 2019 12am







    Saturday, December 7, 2019-10:56:07A.M.






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US judge takes Double A Corp. lawsuit under advisement

DISTRICT Court for the NMI Chief Judge Ramona V. Manglona on Thursday said she will issue a written decision after hearing the arguments in the lawsuit filed by Double A Corp. against former fire chief Clyde K. Norita and fire inspector Anthony Babauta.

Norita and Babauta, through their respective attorneys, have asked the court to issue an order in their favor and dismiss the lawsuit. Both said they have “qualified immunity.”

Ramona Villagomez Manglona

Double A Corporation is a company that specializes in fire sprinkler and suppression system. It sued Norita and Babauta for not issuing a permit for a sprinkler system that a company wanted to install at an establishment on March 24, 2019.

Represented by the O’Connor, Berman, Horey & Banes law firm, Double A sued Norita and Babauta for deprivation of property without due process and deprivation of liberty without due process, and demanded a jury trial.

Double A wants the court to award the company damages, including lost income and incidental and consequential damages.

The company filed the lawsuit on March 27, 2019.

Represented by the Attorney General’s Office, Norita and Babauta have denied all the allegations of Double A.

Norita, through Assistant Attorney General Kastle Lund-Turner, and Babauta, through AAG Jose Mafnas Jr., moved for a summary judgment based on qualified immunity.

According to the lawsuit, Double A submitted a quotation for a fire sprinkler system installation work in a complex of buildings operated by Proper Grand known as Sugar King Dormitory.

Double A proposed to do the work for the price of $410,150 on Oct. 20, 2017. On Nov. 3, 2017 Proper Grand agreed to hire Double A for the project.

The project, pursuant to the agreement, was contingent upon the fire department approval of the sprinkler system plans that Double A made.

The company then applied for a permit from the fire department, but its officials refused to issue any, the lawsuit stated.

It added that “as a consequence of defendants’ failure to abide by the legal processes prescribed by the very fire code that they are charged with administering, Double A has been deprived of both its property interest in a construction permit and its liberty interest in the pursuit of its profession.”

Moreover, “defendants are not entitled to qualified immunity as the complaint arises from clearly established law.”