Pair of legal opinions on Mangilao hospital reignites public feud

A pair of legal opinions on the legality of Guam Housing and Urban Renewal Authority’s acquisition of Mangilao lands and acceptance of American Rescue Plan loans for the medical complex reignited a feud between the Governor and the legislature. 

The legal opinions are in response to requests from minority leader Frank Blas Jr. and Senator Chris Barnett. 

Attorney General Doug Moylan said GHURA violated the law when using their Eminent Domain powers to seize 42 acres from private property owners for the construction of a new hospital. 

He said GHURA can take raw land to fulfill its housing development purposes or if it’s a ‘slum’ or ‘blighted’ area, both of which he said is not the case here. 

Moylan contends GHURA also violated the Open Government Law when considering a $12.5 million ARP loan agreement with the Governor. 

He said GHURA did not adequately inform the public of all the essential details of the transaction before their meeting but Adelup argued the AG is ‘simply wrong.’

A press release from the Governor’s Office said in part, “These legal opinions are nothing more than the ag joining forces with opposing senators who are trying to defeat our island’s most significant effort towards finally building a new hospital. It is not the first time the AG has been wrong, and it is likely not the last.”

Adelup argued that “AG Moylan has completely sidestepped GHURA’s substantial power to develop housing projects on Guam, which are separately defined from urban renewal projects, and broadly defined to include health facilities.”

They added, “AG Moylan’s second opinion that GHURA’s public notices were inadequate under the Open Government law is similarly deficient. His analysis of applicable case law is clearly intended to support his forgone conclusion that GHURA did not comply.” 

In response, Senator Barnett called on the Governor to work together with the legislature and stakeholders. 

“I think these opinions show that the governor has been less than honest about the authority she thinks she has to move forward in this direction. The opinion also shows that it's time for the governor to stop being reckless and start being reasonable and realistic about our  people’s healthcare and future. We should all have a say in that future because we all have a stake in it. I reiterate my call to the governor to work together with the legislature and the stakeholders, with the hardworking staff of the Guam Memorial Hospital to the medical community. We all should have a say in the future of our island’s healthcare because we all have a stake in it. So I again ask the governor to bring everyone to the same table and let’s do this the right way: honestly, transparently and with accountability,” said Barnett. 

As reported, both property owners spoke out against GHURA’s land condemnation arguing negotiations were rushed. 

You can read both legal opinions and responses in their entirety by checking them out here: https://www.kuam.com/story/51976956/attorney-general-ghura-broke-law-to-acquire-mangilao-land-for-hospital.