“We added many different counts, included new violations of CNMI law and included a new party, DPL, and added another constitutional violation as the Constitution requires the CNMI to adopt a land-use plan and they haven’t,” according to attorney David Banes, who is the volunteering counsel for the group that is spearheading the opposition to the erection of power poles in the historic Marpi area.
The plaintiffs argued that the U.S. District Court for the NMI “does not have subject matter jurisdiction over this matter as there is no federal defendants and plaintiffs do not seek relief under any part of the United States Constitution or other federal law. Instead, this lawsuit is based in its entirety on violations of the CNMI constitution and CNMI laws and always has been.”
Instead, the lawsuit said the CNMI Superior Court has jurisdiction over this matter pursuant to the Commonwealth Trial Courts Act as amended.
“This is also a taxpayer action brought pursuant to Article X, Section 9 of the NMI Constitution as defendants have breached their fiduciary duty by spending funds in violation of their fiduciary and constitutional duties, and by expending public funds for other than public purposes and for acting in breach of their fiduciary duty,” the lawsuit stated.
The plaintiffs said they filed this amended complaint in federal court “under protest as plaintiffs were in the process of filing this amended complaint in Superior Court when defendants prematurely filed their removal action (defendants were informed of plaintiffs’ intent to amend before removal motion). Plaintiffs will instead [be] seeking a remand as soon as practicable.”
Also attached to the 21-page amended complaint, which was filed yesterday, were letters from stakeholders who expressed opposition to the proposed Marpi Cemetery power pole project.
These included the Marianas Visitors Authority, the Saipan Chamber of Commerce, the Northern Mariana Islands Triathlon Federation, the Mt. Tapochau Bike Club and copy of the ongoing online petition with 312 signatories.
The Attorney General’s Office earlier asked the federal court to hear the lawsuit.
According to the amended complaint, “This is a lawsuit to save the Marpi area from unplanned development that has or will have adverse effects on Marpi — an area of deep and profound historical and cultural significance to the people of the Northern Mariana Islands.”
