Limtiaco v Camacho [2009] GUSC 7; 2009 Guam 07 (24 August 2009)

IN THE SUPREME COURT OF GUAM

ALICIA G. LIMTIACO, ATTORNEY GENERAL OF GUAM,
OFFICE OF THE ATTORNEY GENERAL OF GUAM,
Petitioner-Appellee,

V

DEPUTY DIRECTOR JOHN P. CAMACHO,
IN HIS OFFICIAL CAPACITY AS ACTING DIRECTOR OF THE
DEPARTMENT OF REVENUE AND TAXATION OF THE GOVERNMENT
OF GUAM; ARTEMIO B. ILAGAN, IN HIS CAPACITY AS DIRECTOR OF
THE DEPARTMENT OF REVENUE AND TAXATION OF THE
GOVERNMENT OF GUAM,
Respondents-Appellees,

GUAM MUSIC, INC., A GUAM CORPORATION,
Applicant for Intervention, Real Party in Interest-Appellant.

OPINION

Filed: August 24, 2009
Cite as: 2009 Guam 7

Supreme Court Case No.: CVA08-010
Superior Court Case No.: SP0141-08

Appeal from the Superior Court of Guam
Argued and submitted March 6, 2009
Hagåtña, Guam

Appearing for Petitioner-Appellee: J. Patrick Mason, Esq. Deputy Attorney General Office of the Attorney General 287 W O’Brien Dr. Hagåtña, GU 96910

Appearing for Applicant for Intervention-Appellant: Peter C. Perez, Esq. Lujan Aguigui & Perez LLP DNA Bldg., Ste. 300 238 Archbishop Flores St. Hagåtña, GU 96910

BEFORE: KATHERINE A. MARAMAN, Presiding Justice[1]; MIGUEL S. DEMAPAN, Justice Pro Tempore; ALEXANDRO C. CASTRO, Justice Pro Tempore.

MARAMAN, J.:

[1] Applicant for Intervention-Appellant Guam Music, Inc. ("GMI") appeals the Superior Court’s denial of its motion to intervene. GMI seeks to intervene in Superior Court case number SP0141-08 in which the Attorney General of Guam requested and received a writ of mandamus. The writ commanded the Guam Department of Revenue and Taxation ("the DRT") to revoke licenses for gaming machines that had been operated by GMI. For the reasons set forth below, we reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2]