Assistant Attorney General Michael Stanker, who is representing Fitial, argued that Rep. Joseph M. Palacios “lacks standing to bring this suit.”
Stanker said Fitial “fully complied” with the Constitution in vetoing the Saipan and Northern Islands Casino Control Act of 2011, or H.L.B. 17-44.
Stanker noted that “Palacios has not suffered any injury, and he fails to allege any on the face of his complaint.”
According to Stanker, “A favorable decision by this court will not provide the relief he seeks.”
Fitial’s reasons for vetoing the local bill are “constitutionally sufficient,” Stanker said.
Palacios, R-Saipan, filed the legal action without a lawyer.
In an interview yesterday, he accused the Attorney General’s Office of “maneuvering” the legal battle over the veto.
“This legal maneuvering is very disappointing,” Palacios added. “How can the court render an opinion if the issue is being side-stepped?”
Palacios said one can’t get an answer from the court if the AGO wants to avoid the discussion and move to dismiss the case.
Palacios said casino gambling on Saipan is a very controversial issue and he appreciates that everyone has an opinion on the matter.
“But as much as leaders and all the lawyers have different opinions, my request for a declaratory judgment simply requested a clear and binding neutral opinion from the court,” Palacios said.
His petition for declaratory relief, he added, is not a typical lawsuit where one side wins and one side loses.
He said he “simply intended to do one thing, and that is to have a court of law settle the legal disputes regarding whether a senatorial district can pass a local law authorizing gambling within that district.”
Palacios said he relied on local precedents that “directly addressed the issue as well as the constitutional analysis that clearly stated that an enacted local law is in fact ‘commonwealth law’ because it applies within the commonwealth.”
“I would like the courts to render an opinion because the people of Saipan would like to have the matter settled,” he added.
