DPL has accused the company of violating the Constitution when it entered into an agreement with Bridgecreek Capital in mining pozzolan on Pagan.
In a 20-page decision, Associate Judge David A. Wiseman said DPL is not entitled to summary judgment on the issue of whether JG Sablan violated article 14 of the mining permit.
Wiseman said because the court does not “deem it prudent to deprive JG Sablan of a legal theory before a complete record is assembled, it shall reserve granting summary judgment in favor of DPL.”
He added, “For the foregoing reasons, DPL’s motion for partial summary judgment is denied. Summary adjudication in favor of JG Sablan on the issue of Article 14 of the mining permit is granted.”
In an interview, JG Sablan president John T. Sablan said: “We’re very happy and we’re hopeful that we can now move on.”
His company’s mining permit was issued by the government on Sept. 8, 1995.
In May 2006, DPL Secretary John Del Rosario terminated the permit.
