Petition Seeks Order to Compel Pool Developers to Follow the Law

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As work continues on the Pala Lagoon Swimming Center, a petition has been filed in High court for a writ of ordinary relief to have the parties involved in the construction follow local laws and directives issued in connection with the project.

The petitioners are Lawrence French, Tafuna Residents Association and James McGuire.

The defendants are ASG, Pala Lagoon Swimming Center and contractor for the swimming pool center Fletcher Construction.

In their 8-page petition, the plaintiffs request the court to compel ASG through various agencies, boards and commission who have been associated with permit review, funding and other aspects of the swimming pool project to explain why the project has been allowed to progress, or in the alternative, why petitioners were not provided with requested information and why none of the mentioned agencies acted to ensure that all regulations and statutes were complied with as required prior to start of construction. pool2

Among arguments cited by the petitioners is that the construction project is at odds with the safety obligations of the Federal Aviation Administration with respect to the intended site for the proposed fuel tank relocation.

Also that the project hasn’t followed local and federal laws.

One example of this, according to the petitioners,  is that the Zoning Board never issued a variance and their efforts to stop the project until the necessary approvals were obtained, have been stonewalled.

The petition lists dates that the petitioners tried without success to get information from the AG’s Office for stop work action on the project.

The petitioners contend that owing to the respondents’ failure to act in accordance with various statutes passed by the Fono and regulations obligating various agencies to enforce applicable rules, they have no remedy immediately available to them.

The petitioners ask that the court grant a writ of extraordinary relief, or that an alternative writ be signed and given to the Attorney General to appear and explain to the court’s satisfaction and interested parties, the circumstances that have allowed construction to continue, and that an order be issued requiring full compliance with the previously set conditions prior to resuming construction.

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