A LANDOWNER has filed a $2.8 million lawsuit against a garment factory for allegedly encroaching on her property in Susupe.
Jovita B. Tomokane sued Hansae (Saipan), Inc. for alleged encroachment, trespassing, conversion of easements and premises, destruction to property and nuisance.
Tomokane, through attorney Edward C. Arriola, asked the Superior Court to order Hansae to pay her $2 million in punitive damages and $850,000 in compensatory damages.
Tomokane sought a court order directing Hansae to remove all encroachments and “stop the nuisance, trespassing, and conversion of easements and premises.”
Asked for comment, Hansae’s attorney Robert O’Connor said they were not aware of any encroachments on Tomokane’s property.
But O’Connor said they would look into Tomokane’s allegations.
“If there are encroachments these could be accidental and Hansae is happy to compensate Tomokane in a reasonable way,” he added.
Tomokane owns a property adjacent to a land leased since 1989 by Hansae.
Before or in June 1999, Hansae erected a fence, building, and water system that encroached on her property without her permission, Tomokane’s lawyer said.
He alleged that “those encroachments…(are) now being used by defendant for gas storage room, kitchen, barracks, drain box, etc., fully completely shutting off and excluding plaintiff from any possible use of her premises.”
Despite notification, Arriola said, Hansae has failed and refused to remove the encroachments.
Arriola said the defendant’s trucks and other vehicles had destroyed the soil, shrubs, grass and other plants growing on the premises.
He further alleged that garbage, other materials and garment operations “constantly emit offensive and unhealthy odors, which permeate plaintiff’s premises, all to plaintiff’s annoyance and discomfort.”
The garbage and other materials also attract flies, insects, rodents and “constitute a potential medium for the transmission of diseases to persons in the vicinity.”
