DIAMOND HOTEL CO., LTD., Plaintiff-Appellee, v. Elizabeth Blanco MATSUNAGA, Defendant-Appellant

Elizabeth Blanco Matsunaga appeals the decision of the Supreme Court of the Commonwealth of the Northern Mariana Islands (“CNMI” or “Commonwealth”). She argues that a provision of a lease agreement that violates Article XII, § 1, of the Commonwealth Constitution renders the entire lease void ab initio. We dismiss for lack of jurisdiction.

I.

Matsunaga’s brother, Manases B. Matsu-naga, owned real property in Saipan. He leased the property to Diamond Hotel for a term of 55 years. Paragraph 21 of the lease provided that Diamond Hotel would have the option to extend the lease for an additional 35 years if the law of the Commonwealth should be changed so as to permit a person not of Northern Mariana Islands descent to hold a leasehold term for longer than 55 years. Paragraph 34 of the lease provides that if any provision of the agreement is held invalid, that provision should be severed from the agreement. After Manases Matsunaga died, Elizabeth Matsunaga succeeded him to all rights in and title to the leased premises.

Diamond Hotel filed a complaint against Elizabeth Matsunaga for declaratory judgment that the option to extend the lease term does not violate Article XII of the…