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Madrainglai v The School of the Pacific [1974] TTLawRp 53; 7 TTR 107 (19 August 1974)

7 TTR 107

MELIONG MADRAINGLAI, et al., Plaintiffs

v.

THE SCHOOL OF THE PACIFIC, MUNICIPAL COUNCIL, and MAGISTRATE OF NGETPANG MUNICIPALITY and DLANGEBIANG CLAN, Defendants

Civil Action No. 1-74

Trial Division of the High Court

Palau District

August 19, 1974

Action to have lease of municipal land voided. Trial Division of the High Court, Hefner, Associate Justice, held that lease did not have to be approved by traditional council where it had been approved by municipal council.

1. Appeal and Error—Reviewability of Issues—Issues Not Briefed

Issues not raised would not be resolved on appeal.

2. Municipalities—Councilmen—Meetings, Votes and Procedure

Where a quorum was present at council meeting and a majority approved of action at issue, whether the signature of one person was proper did not have to be decided.

3. Public Officers—Presumptions

There is a presumption of regularity of official acts.

4. Municipalities—Lease of Municipal Land

Where charter for municipality provided for a municipal council and one was formed, lease of municipal land, approved by the council, did not have to also be approved by the traditional council.

5. Landlord and Tenant—Estoppel

Where neither lessor nor lessee was contesting or asserting a claim based on the lease, those opposed to the lease of the land could not successfully raise estoppel by deed.

HEFNER, Associate Justice

This matter came on for trial on July 18, 1974. All parties were present and represented by counsel.