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12 23Thu10022014

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Layon landowners criticize receiver

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BIASED and partial.

This is how Layon former landowners described the performance of court-appointed federal receiver Gershman, Brickner & Bratton Inc. as they requested the court to disregard GBB’s position and instead grant their motion to intervene.

In their latest filing before the District Court, Attorneys Anita P. Arriola and Jay Trickett, representing the landowners, told the court that GBB has been treating the consent decree funds as its own personal bank account.

“The receiver is merely the caretaker of these funds, a fiduciary. By opposing payment to the landowners and advocating that all of the consent decree funds should be used to close Ordot Dump, the receiver has taken a biased position in the matter, contrary to his fiduciary duty and duty of impartiality,” the attorneys of the former Layon landowners said.

The landowners are questioning GBB about some unaccounted consent decree funds, claiming there should be approximately $71 million remaining in capital funding for the projects.

“If that money is there, the receiver should account for it. If it’s not there, the eeceiver has an obligation to disclose where the money went by providing an accounting. The receiver chose to do neither with its June 20 report,” the landowners added.

The landowners have also accused GBB of not bringing a claim to recover millions of dollars wasted to divert a road to avoid an obstacle that does not exist.

Wrong map

“The receiver does not disclose that facts emerged during the condemnation trial which indicates that the road design by the receiver’s contractors was based on the wrong map. As a result, the access road and utility lines were significantly extended in order to avoid crossing a property line that was actually several hundred feet away, resulting in one of the costliest roads ever built in Guam,” the landowners told the court.

The landowners also complained about GBB’s inability to generate sufficient revenue to satisfy Guam Solid Waste Authority obligations to pay 75 percent of the debt service and set aside reserve funds for future capital expenditures.

“Since GSWA (Guam Solid Waste Authority) is already unable to pay for its existing obligations, every dollar of additional capital funding required for the consent decree will directly burden the general fund,” the landowners argued.

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