Guam – It was a victory for the Chamorro Land Trust on the national level. United States federal judge Susan Oki Mollway has ruled on both the federal government and CLTC’s motions. Judge Mollway has ruled the U.S. Attorney’s Office has failed show why it deserves judgement at this point.
Developed to mirror the Hawaiian Homes Commission Act, The Chamorro Land Trust Act was enacted in 1995. But unlike the Hawaiian Homes Commission Act the CLTC is shrouded in controversy over its eligibility requirements for land leases.
The federal government believes the CLTC is violating the Fair Housing Act by engaging in racial discrimination. But, according to deputized Assistant General for the Commission Mike Phillips, the difference between the Chamorro and Hawaiian Acts is in who created them. The Hawaiian Homes Commission Act was created through an act of congress while the Chamorro Land Trust Act was through the Guam Legislature.
The case will move forward in the judicial process as federal Judge Mollway has ruled to partially deny the federal government’s motion for partial judgment on the pleading and deny in part the CLTC’s motion for judgment.
According to the ruling the federal government, “has failed to meet its burden of showing entitlement to judgement as a matter of law based on the allegations in its complaint.”
This news is welcomed by Guam Attorney General Elizabeth Barret-Anderson.
“I’m elated! I knew we had a good argument and Deputy Attorney General Ken Orcutt wrote a superlative brief. Having it confirmed by the court is overwhelming,I want to say congratulations to the People of Guam, this is our win,” stated Anderson.