Department of Health and Social Services for Administrative Inspection and Search Warrant of Wise Owl Animal Hospital, In re [2017] GUSC 15 (1 December 2017)

IN THE SUPREME COURT OF GUAM

IN THE APPLICATION OF DEPARTMENT
OF HEALTH AND SOCIAL SERVICES
FOR ADMINISTRATIVE INSPECTION
AND SEARCH WARRANT OF WISE OWL
ANIMAL HOSPITAL

Supreme Court Case No.: CVA16-005
Superior Court Case No.: SP0137-14

OPINION

Filed: December 1, 2017

Cite as: 2017 Guam 15

Appeal from the Superior Court of Guam
Argued and submitted on October 27, 2016
Hagåtña, Guam

Appearing for Petitioner-Appellant: Mitchell F. Thompson, Esq. Thompson Thompson & Alcantara, P.C. 238 Archbishop Flores St., Ste. 801 Hagåtña, GU 96910

Appearing for Respondent-Appellee: R. Happy Rons, Esq. Assistant Attorney General Office of the Attorney General Litigation Division 590 S. Marine Corps Dr. Tamuning, GU 96913

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.^[1]

MARAMAN, J.:

[1] Petitioner-Appellant Dr. Joel Joseph appeals a Superior Court judgment declining to enforce the return of various substances seized from Wise Owl Animal Hospital pursuant to an administrative inspection and search warrant granted to the Department of Public Health and Social Services. On appeal, Dr. Joseph argues that the Superior Court abused its discretion by construing a motion filed pursuant to 8 GCA § 35.45 as a complaint and that it erred by applying the wrong standards to the resulting proceeding and by finding he was not entitled to the return of the seized substances.
[2] For the reasons stated below, we vacate the Superior Court judgment and remand the case for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

[3]