Guam – The Superior Court of Guam issued a “Writ of Judicial Review” late Thursday afternoon holding the Guam Land Use Commission’s approval of Younex’s zone variation NULL and VOID.
The writ applies to the Younex development in Tamuning next to GMH known as the Jones Town Project or the Emerald OceanView Park.
According to a lease from Attorney Mike Phillips, the Court held:
As proven by the evidence and testimony, Respondents did not comply with Guam law’s notice requirements for the public hearing of Younex’s application. For this reason, the Court finds that the approval of Younex’s application is null and void. GLUC is ORDERED to renotice all residents within a five hundred foot (500’) radius of the Project prior to any public hearing(s) to consider any Conditional Uses and/or Zone Variances for the Project.
Attorney Darleen Hiton represented the Petitioner, Mary Ann Sablan a long time resident of Jones Town. Attorney Hiton compared her client’s victory to that of David and Goliath. “This is definitely an example of an ordinary citizen fighting city hall and winning. Very few people gave Ms. Sablan a chance, but she never gave up.” Attorney Hiton added that Younex and the Guam Land Use Commission will have to redo the entire zone variance application process and will have to comply with all notice requirements.