DPL is asking the Superior Court to order Jin Am Saipan Corp. for declaratory relief stating that the lease is terminated and that the defendant has no further rights to the property, for a mandatory injunction ordering the defendant to immediately remove the hollow-block wall/warehouse, for compensatory and consequential damages, punitive damages, attorney’s fees and costs of suit, and other relief.
According to the complaint, on Feb. 12, 2007, the defendant entered into a lease agreement with the DPL to lease three public land lots in Garapan to construct, operate and maintain two one-story commercial buildings and related facilities.
Under the lease agreement, the defendant was required to use the premises in such a way that will not pose as a nuisance and hazard to the public, and that the defendant must submit the construction plans to the DPL for approval.
The defendant submitted a plan to the DPL showing that it allows the Commonwealth Utilities Corp. access to two manholes from the Middle Road along the property line but in July 2007, the complaint stated, the defendant began fencing off the property line, interfering with access to the neighboring lots which had been in use for more than 20 years.
DPL stated that the fences were not in the Plan the defendant submitted to them for approval.
DPL added that in August 2007, the defendant began building a hollow block wall which was later closed in to create a warehouse. This blocked access from Middle Road to the back of the property where one of the CUC manholes is located.
The wall was also built without footings — a violation to the Uniform Building Safety Code.
DPL said the defendant did not get permits from the Division of Environmental Quality of Department of Public Works prior to the building of the wall.
DPL said that on July 12, 2007, the defendant applied for a temporary use of public lands to get a permit to pave a right of way located between the southern building and Middle Road but DPL denied the request.
DPL said the defendant went on with the paving of the road which it used as a parking lot.
DPL sent the company’s president Yong Ki Seo a notice of unauthorized use of public lands on Aug. 21, 2007, ordering the defendant to “cease and desist” any use and occupancy of the area they paved but the defendant ignored the notice. DEQ also sent the defendant a notice of violation for installing water lines without the necessary permits.
DPL said they sent a notice of breach of lease and unauthorized use of public land to the defendant on Oct. 30, 2007 but, the complaint added, the defendant continued to block CUC and other traffic.
The plaintiff is asking the court for a jury trial for the case.
