Akapito v Doone [1990] FMCSC 1; 4 FSM Intrm. 285 (Chk. S. Ct. Tr. 1990) (21 June 1990)

[1990] FMCSC 1; 4 FSM Intrm. 285 (Chk. S. Ct. Tr. 1990)

CHUUK STATE COURT
TRIAL DIVISION

CSC CIV. NO. 31-90

HANSEL AKAPITO AND OTHERS
Plaintiffs

V

GIDEON DOONE AND OTHERS
Defendants

AMENDED ORDER OF PRELIMINARY INJUNCTION

BEFORE: The Honorable Keske S. Marar, Associate Justice, Chuuk State Court

APPEARANCES: For the Plaintiff: Charles Greenfield, Micronesia Legal Services Corp.; For the Defendant: Attorney General's Office, Chuuk State

ORDER: June 21, 1990

HEADNOTE

Federalism; Separation of Powers
Chuuk State statute authorizing Chuuk state senators to designate the particular projects to be financed from state funds for their own election districts was violative of the separation of powers between the executive and legislative branches of the state government, and of the right of municipalities to select their own development projects, all as provided in the Chuuk Constitution. Akapito v. Doone, [1990] FMCSC 1; 4 FSM Intrm. 285, 286 (Chk. S. Ct. Tr. 1990).

COURT'S OPINION

KESKE S. MARAR, Associate Justice:

The Court having on June 8, 1990, heard the application for a preliminary injunction, on motion of the plaintiffs and after notice to the defendants, and having then taken the matter under advisement and having reviewed the briefs submitted by the respective parties, the Court now being fully advised, from the evidence finds that section 2 of TSL 6-81, lines 13-15, wherein is stated, "[S]ection 1(d) for Municipal CIP social and economic development projects shall be designated and assigned by the senators from each of the respective election precincts," violates the following provisions of the Chuuk State Constitution: article VIII, section 6;^[1] article VI, section 1;^[2] and article V, section 1.^[3]

It is hereby ordered that Governor Sasauo Gouland, as successor to defendant Doone in office as Governor, and defendant Chuuk State, and their employees, agents, or assigns, are prevented from releasing, obligating, encumbering, or otherwise expending any CIP money earmarked for "municipal allocation" under TSL 6-81, for the 1989-90 fiscal year as may be designated or assigned by those senators identified in section 2 of TSL 6-81.

It is further ordered that the municipalities shall continue to submit budgetary proposals, with respect to the expenditure of those funds identified in section 1(d) of TSL 6-81, to the Governor, who shall allot said monies to the respective municipalities.

ENDNOTES:

¹Article VIII, section 6 says: "Each fiscal year, the Legislature shall appropriate for the operation of the municipal governments at least 8 percent of the state operation funds, and shall appropriate to the municipalities for development projects at least 40 percent of the development funds that may be allocated."

²Article VI, section 1 provides: "The executive power of the State Government is vested in the Governor. The Governor shall faithfully execute and implement this Constitution and all state laws."
³Article V, section 1 says: "The legislative power of the State Government is vested in the Legislature, which consists of the Senate and the House of Representatives. This power extends to all rightful subjects of legislation not inconsistent with this Constitution or the Constitution of the Federated States of Micronesia."

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^[1]Article VIII, section 6 says: "Each fiscal year, the Legislature shall appropriate for the operation of the municipal governments at least 8 percent of the state operation funds, and shall appropriate to the municipalities for development projects at least 40 percent of the development funds that may be allocated."

^[2]Article VI, section 1 provides: "The executive power of the State Government is vested in the Governor. The Governor shall faithfully execute and implement this Constitution and all state laws."
^[3]Article V, section 1 says: "The legislative power of the State Government is vested in the Legislature, which consists of the Senate and the House of Representatives. This power extends to all rightful subjects of legislation not inconsistent with this Constitution or the Constitution of the Federated States of Micronesia."

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