Guam – Presiding Superior Court Judge Alberto Lamorena has issued an order awarding nearly $22 million dollars more in compensation to the former owners of the property that was taken to build the Layon landfill.
The case grows out of the federal receivership over DPW’s Solid Waste Division. The District Court ordered the taking, by eminent domain, of more than 1.3 million square meters in Layon.
The original property owners include Calvo’s Insurance, Oxford Properties, which includes Leonard and Edward Calvo, Alfred Ysrael, Joaquin Arriola, Henry Sy, Lee Holmes, Valencia Investments and others.
GovGuam has paid them $3.4 million in compensation. They sued seeking, initially, more than $180 million, although Judge Lamorena rejected the high end estimates saying “the evidence does not support the drastic estimates of damage.”
He settled on a valuation of $25.1 million, minus the $3.4 that has already been paid, Lamorena concludes that “Landowners are thus entitled to $21,705,683 plus six percent interest calculated from January 24, 2008.“
Judge Lamorena has now ordered GovGuam to pay an additional $21.7-million more. That may result in an increase in tipping fees to pay for it. But no decision has been made and the Governor’s Legal Counsel, Maria Cenzon, says that a number of options are being investigated, including using funds from the landfill bond.
Late Thursday afternoon, the Attorney General released a statement saying they are pleased with the outcome of this case because they prevailed with all legal arguments presented in court.
Statement from AG Spokeswoman Carlina Charfauros:
“The Office of the Attorney General is pleased with the outcome of this case as we prevailed with all legal arguments presented in court.”
“I will have to defer to the Governor’s Office to answer your questions related to the payment of judgment and the effects it may have on trash collection fees.”