Heirs of George v Heirs of Dizon [2007] FMKSC 3; 14 FSM Intrm. 556 (Kos. S. Ct. Tr. 2007) (12 February 2007)

KOSRAE STATE COURT TRIAL DIVISION
Cite as Heirs of George v. Heirs of Dizon, 14 FSM Intrm. 556 (Kos. S. Ct. Tr. 2007)

HEIRS OF LINUS GEORGE,
Appellants,

vs.

HEIRS OF FRANKY DIZON,
Appellees.

CIVIL ACTION NO. 19-06

MEMORANDUM OF DECISION; JUDGMENT;
AFFIRMING LAND COURT DECISION

Aliksa B. Aliksa
Chief Justice

Hearing: November 28, 2006
Decided: February 12, 2007

APPEARANCES:

For the Appellants:
Sasaki L. George, Esq.
Micronesian Legal Services Corporation
P.O. Box 38
Lelu, Kosrae FM 96944

For the Appellees:
Robinson Timothy
P.O. Box 261
Lelu, Kosrae FM 96944

* * * *

HEADNOTES

Appellate Review - Standard of Review - Civil Cases
The standard of review for appeals from the Land Court is set by statute. Findings and decisions of the Land Court will be overturned if they are not supported by substantial evidence or if they are contrary to the law. In considering whether the decisions were based upon substantial evidence, the Kosrae State Court recognizes that it is primarily the Land Court’s task to assess the credibility of the witnesses, the admissibility of evidence and to resolve factual disputes. On appeal, the Kosrae State Court should not substitute its judgment for the well-founded findings of the lower court. Heirs of George v. Heirs of Dizon, 14 FSM Intrm. 556, 558 (Kos. S. Ct. Tr. 2007).

Courts, Property - Land Commission
When creating the Land Court, the Kosrae Legislature provided for the transition of cases from the Land Commission to the Land Court and the Land Court succeeded to all Land Commission responsibilities, registers, properties and assets and Land Commission land determinations and registrations are equivalent to Land Court title determinations and registrations. Heirs of George v. Heirs of Dizon, 14 FSM Intrm. 556, 558 (Kos. S. Ct. Tr. 2007).

[14 FSM Intrm. 555]

Courts, Property - Land Commission