By Pacific Island Times News Staff
The Guam Waterworks Authority has raised new questions on the validity of Core Tech International Corp.s' acquisition of a disputed property in Dededo, where the Northern District Wastewater Treatment Plant is located.
In a motion to stay filed by its legal counsel Theresa Rojas, GWA maintained that the wastewater treatment plant has been on the property since 1980.
"(Core Tech) has filed an inverse condemnation claim but has never owned an interest in the government property, the public use of which has been well-documented through public laws, adopted land use plans, and federal and government of Guam lease, easements and deeds," GWA said.
GWA argued that judicial economy and efficiency are best served by the Superior Court staying all matters until the Supreme Court determines if it will take GWA’s appeal to resolve the issues raised concerning the ownership of the treatment plant property.
GWA challenged the origination of land ownership between Younex and Core Tech.
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In its motion, GWA noted that "Core Tech only obtained its purported right in the property through a series of questionable transfers from previous owner Kil Koo Yoon to Younex Enterprises Corp."
GWA claimed that Yoon recorded a subdivision survey map -- known as the “Castro map"-- of the lot in question on Nov. 18, 2008.
The map indicates that the treatment plant property was “not returned to the landowner," GWA said.
"Despite this clear exclusion of the treatment plant on the Castro Map, Yoon then deeded Lot 10184-7 (which is identified as “sewer treatment plant”) to Younex , which he owns, through a warranty deed," GWA said.
“This warranty deed from Yoon essentially to himself is the first time the (treatment plant) was ever purportedly transferred to any private party and serves as the sole basis for Core Tech’s claims of ownership," GWA's motion read.
"Permitting Core Tech to carry out this gaming of the system meant to benefit ancestral landowners is neither in the public interest nor a valid reason to deny a stay,” the motion said.
In seeking a stay, GWA argued that the Superior Court’s order affirming Core Tech’s interest “is a substantial negative impact on GWA’s ability to carry out its obligations as an essential public agency which will ultimately be felt by Guam’s ratepayers.”
GWA has maintained since the case’s filing in 2018 that CTI has never owned the property occupied by the plant. Since 1980, the land has been used for specific public benefit as a wastewater treatment plant.
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