跳转到主要内容
Title:
San Miguel v Department of Public Works
区域:
亚洲和太平洋
Type of document:
National - higher court
文本日期:
二月 20, 2008
Data source:
InforMEA
Court name:
Supreme Court of Guam
Seat of court:
Hagåtña
Justice(s):
Carbullido C.J.; Torres; Tydingco-Gatewood A.J.J
Reference number:
[2008] GUSC 3
ECOLEX subject(s):
Waste & hazardous substances
Legal questions
Abstract:

This case involved a dispute over the exclusion of Guatali and Malaa as potential sites for Guam’s new solid waste landfill.  The defendants include the Department of Public Works ("DPW") and the Guam Environmental Protection Agency ("GEPA"). The plaintiffs, whom are taxpaying citizens, argue that the landfill should be located at either Guatali or Malaa, and not at the Dandan site that has been chosen.  The plaintiff’s sought to restrain the defendants from using the Dandan site as a landfill. They argue that the defendants had acted unreasonably as the defendants relied upon the use of slope of the site as a criterion. However, the court ultimately held that the exclusion of Malaa and Guatali was not an abuse of discretion as the defendants had acted reasonably and considering slope as a criterion was not an abuse of discretion. The appeal was dismissed.

 

(Contribution:  Case provided by Charley Xu from the Queensland University of Technology)