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Wiliander v Aten [1980] TTLawRp 4; 8 TTR 181 (15 May 1980)

8 TTR 181

HANS WILIANDER, Election Commissioner, Plaintiff

v.

GOVERNOR ERHART ATEN and MAYOR FICHITA BOSSY, Defendants

Civil Action No. 1 5-80

Trial Division of the High Court

Truk District

May 15, 1980

Action involving the question of interpretation of certain municipal ordinances and the effect of these ordinances on the incumbent Mayor and Council Members. The Trial Division of the High Court, Burnett, Chief Justice, treated the action as one for declaratory relief, and held that plaintiff Election Commissioner had standing to bring the action, and that newly enacted municipal ordinances providing for four-year terms for both Mayor and Council Members are not applicable to incumbent Mayor and Council Members who were elected to two-year terms and election after two-year terms of incumbents was necessary, and therefore it was ordered that the amended ordinances should be construed as not applicable to the incumbents, and an election after the two-year period was necessary.

1. Courts-Generally

The courts must determine whether laws or acts of a legislature or council are or are not in conformity with provisions of federal and state constitutions or municipal charters.

2. Actions-Standing

Generally, in order to show standing in a case involving the interpretation of law, a person must show that he has an interest in the question in that the enforcement or non enforcement of the law would be an infringement on his rights, and that he would be directly affected.

3. Actions-Standing

A public official has the right to know whether a change in his duties has been legally effected, and therefore would have standing to bring suit on the issue.

4. Actions-Standing

State Election Commissioner had standing to bring action involving the question of interpretation of certain ordinances as to whether an election was necessary, since a public official has the right to know whether a change in his duties has been legally effected.

5. Statutes-Election Laws-Construction

Where Mayor and Council Members were elected to two-year terms pursuant to municipal ordinance, and during their tenure the municipal ordinance was amended to provide for a four-year term for both the Mayor and Council Members, amended ordinances were not applicable to the incumbent office holders, who therefore had to stand for election after a two-year term, since to hold otherwise would constitute a legislative appointment of these office holders.

BURNETT, Chief Justice