The attorney for the Pago Pago Rotary Club and the Pala Lagoon Swimming Pool Inc., is insisting that the Zoning Board no longer has jurisdiction
over site of swimming pool project at the Lions Park.
In the latest correspondence about the project, attorney Roy JD Hall Jr., told Tafuna Residents Association attorney Mark Ude in an email message
that the involvement of the Zoning Baord is no longer valid because the area where the pool project is to be constructed is already zoned for recreational use.
The Tafuna Residents Association has raised concerns with the construction of the swimming pool at the Lions Park.
Attorney General Talauega Eleasalo Ale, Commerce Director Keniseli Lafaela and Rotary Club President Utu Abe Malae are among those copied in Hall’s email to Ude that’s dated yesterday.
Early this month, Utu asked Territorial Zoning Board chairman Filifaatali Mike Fuiava in a letter to issue a statement to the effect that there are no zoning issues with the swimming pool center and that the project can proceed.
However this week, attorney Ude wrote to Utu telling him that absent any written approval from the Zoning Board, the construction of the Pala Lagoon Swimming Center needs to stop.
Ude said while it is true that the Tafuna Beach Park is already zoned for recreational use, what the Rotary Club fails to understand is that their application for a zoning variance is still necessary.
He said there are a number of issues still remaining that require a zoning variance in accordance with American Samoa Code Annotated 26.0340 and the Rotary Club has not fully complied with these requirements.
Ude wrote, “Your starting this project without full authorization is improper and smacks of what we call “self help” in the legal community.
Furthermore your attempt to “reach a stipulation” with the Zoning Board constitutes what we would be considered “ex parte” communication with the administrative agency that has yet to make a decision on this issue.”
In response, Hall reiterated Rotary’s position that the Zoning Board has no further jurisdiction in this matter as the area is already zoned for recreational use under the Land and Water Conservation Fund.
He said Ude has already admitted to this.
Hall adds that there is no pending matter before the Zoning Board concerning this project and Ude’s applications to the Zoning Board are now moot.
Hall wrote, “Your references to “self help” and “ex parte” communication are not applicable where the Zoning Board has no jurisdiction.
