Appellate Court says Trial Court erred

Appellate Court stops Preliminary injunction banning funeral and burial of Ereong Remeliik on Otong lands saying Trial Court erred in its order by not giving fair consideration of potential harm to Appellee Augustine Blailes.

Appellate Court ruled Trial Court erred in its decision grantingTemporary Injunction barring funeral and burial of Ereong Remeliik on Otong clan lands.

Trial Court “abused its discretion” when it failed to apply the legal standard correctly according to Appellate Court order.

Even thoughTrial Court correctly identified four factors used to determine whether or not to grant preliminary injunction, it failed to balance the harm to the Augustine Blailes with the harm done to Paulino Beches.

The Appellate Court stated that even though Appellee Blailes had offered to exhume the body, restore the grave and pay damages if they lose the case, the Trial Court did not consider harm to him due to embarrassment and delay in funeral by granting temporary injunction.

“The lower court should consider potential harm to Appellant and Appellee and weigh both potential harms before making decision,” stated Appellate Court judgment.

The order will remain for 30 days to give Trial Court time to consider Appellee Blailes request. (L.N. Reklai)