Government of Guam v Ilagan [2016] GUSC 10 (17 March 2016)

IN THE SUPREME COURT OF GUAM

GOVERNMENT OF GUAM,
Plaintiff-Appellee,

v.

162.40 SQUARE METERS OF LAND, more or less, situated in the municipality of Agana and UNKNOWN OWNERS,
Defendants-Appellees,

ARTEMIO B. ILAGAN,
Defendant-Appellant,

ENGRACIA UNGACTA and FELIX F. UNGACTA,
Defendants-Appellees.

OPINION

Filed: March 17, 2016

Cite as: 2016 Guam 10

Supreme Court Case No.: CVA14-011
Superior Court Case No.: CV0863-81

Appeal from the Superior Court of Guam
Argued and submitted on July 2, 2015
Dededo, Guam

Appearing for Defendant-Appellant: Seth Forman, Esq. Dooley Roberts & Fowler LLP Orlean Pacific Plaza 865 S. Marine Corps Dr., Ste. 201 Tamuning, GU 96913

Appearing for Plaintiff-Appellee: David J. Highsmith, Esq. Assistant Attorney General Office of the Attorney General 590 S. Marine Corps Dr., Ste. 706 Tamuning, GU 96913

BEFORE: ALEXANDRO C. CASTRO, Presiding Justice Pro Tempore; JOHN A. MANGLONA, Justice Pro Tempore; ALBERTO E. TOLENTINO, Justice Pro Tempore.[1]

PER CURIAM:

[1] This case is on its second appeal after remand to the trial court in accordance with this court's opinion in Government of Guam v. 162.40 Square Meters of Land More or Less, Situated in the Municipality of Agana ("162.40 Square Meters of Land I"), 2011 Guam 17. On remand, the trial court determined that just compensation at the time of Plaintiff-Appellee Government of Guam's ("the Government") taking of Defendant-Appellant Artemio M. Ilagan's[2] property was $45,000.00, which amount was less than what had been deposited by the Government at the time of the taking. Ilagan appeals the trial court's determination concerning the rate of interest on the deficiency and its decision to award Ilagan simple, rather than compound, interest.

[2] For the reasons set forth below, we reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

[3] The facts underlying the original trial court proceedings can be found in 162.40 Square Meters of Land I, 2011 Guam 17; thus, only those facts which are relevant to the current appeal will be recited.

[4]