Anderson v Camacho [2015] GUSC 20 (2 July 2015)

IN THE SUPREME COURT OF GUAM

ELIZABETH BARRETT-ANDERSON, ATTORNEY GENERAL OF GUAM,
Plaintiff-Appellant,

V

JOHN P. CAMACHO, DIRECTOR, GUAM DEPARTMENT OF REVENUE AND TAXATION; EDDIE BAZA CALVO, GOVERNOR OF GUAM, ATLAS AMUSEMENT ENTERPRISES, INC.; DARRYL R. STYLES D/B/A D&D GAMES; GUAM MUSIC, INC; and DOES 1-10
Defendants-Appellees.

DARRYL L. STYLES D/B/A D&D GAMES,
Cross-Claimant,

V

GOVERNMENT OF GUAM
Cross-Defendant.

PACIFIC AMUSEMENT, INC,
Intervenor-Cross-Claimant,

V

JOHN P. CAMACHO, DIRECTOR, GUAM DEPARTMENT OF REVENUE AND TAXATION
Cross-Defendant.

OPINION

Filed: July 2, 2015

Cite as: 2015 Guam 20

Supreme Court Case No.: CVA14-013
Superior Court Case No.: CV0780-13

Appeal from the Superior Court of Guam
Argued and submitted on February 26, 2014
Dededo, Guam

Appearing for Plaintiff-Appellant: Marianne Woloschuk, Esq. Assistant Attorney General Office of the Attorney General 590 S. Marine Corps Dr., Ste. 706 Tamuning, GU 96913

Appearing for Defendant-Appellees: Sandra Cruz Miller, Esq. Office of the Governor of Guam 513 S. Marine Corps Dr. Adelup, GU 96910

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.

CARBULLIDO, J.:

[1] Plaintiff-Appellant Elizabeth Barrett-Anderson, Attorney General of Guam ("AG"),[1] appeals the trial court's dismissal of her complaint seeking a declaratory judgment as to the validity of certain regulations governing the licensing and use of electronic gaming devices in Guam. The trial court dismissed for lack of subject matter jurisdiction, concluding that the AG had failed to exhaust administrative remedies under the Administrative Adjudication Law ("AAL"). The AG argues that the court erred in dismissing the action because (1) the AAL does not apply to the case or (2) exhausting administrative remedies would have been futile. She also requests that this court decide the validity of the regulations in the first instance.

[2]