January 10, 2011

By Bill Jaynes
The Kaselehlie Press

Pohnpei, FSM-In what may be the first filing at the FSM Supreme Court in the new year, lawyer Mary Berman and her husband Kadalino Damarlane sued the U Municipal Government and Ioannis Donre in both his personal and professional capacities as the U Municipality Chief Minister. Berman and Damarlane have asked the court for $10 million dollars in damages relating to problems at the "condemned" causeway that fronts their home in Awak, U.

Summonses were served on the defendants that gave them 20 days from receipt, exclusive of the date of summons before a default judgment could be rendered against them.

Berman has sent copies of The Kaselehlie Press communications that she has sent to officials at the Pohnpei Department of Public Safety, the Pohnpei State Attorney General, Pohnpei's Governor John Ehsa and other Pohnpei State government officials. The first of those emails complaining of six month old problems arrived in January of 2009. One of the emails said that the problem had been persistent since August of 2008.

In each of the emails Berman has complained about activities that took place on the "condemned" causeway and the lack of Pohnpei State law enforcement there but neither the State nor any of its officials were named in the Damarlane/Berman civil suit.

Then Berman sent a copy of a letter written to Ioannis Donre dated December 29 explaining why she was in the process of drafting the lawsuit. "After our discussion this morning on the telephone, I agreed that I will hold off filing this lawsuit to see if this problem can be managed by the U Municipal Government without litigation. If you will try for one week to manage the problem, and if this solves the problem finally and permanently, then the lawsuit can be put off." The letter said.

The civil suit was filed five days later.

The complaints are as follows:

It is extremely early in the life span of the filed lawsuit and no response had yet been received at press time.