McGuire v. Zoning Board

26 Am. Samoa 2d 59
CourtHigh Court of American Samoa
DecidedMay 10, 1994
DocketAP No. 04-91
StatusPublished

This text of 26 Am. Samoa 2d 59 (McGuire v. Zoning Board) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGuire v. Zoning Board, 26 Am. Samoa 2d 59 (amsamoa 1994).

Opinion

Opinion and Order:

PROCEDURAL HISTORY

On February 14, 1991, appellee Zoning Board granted a zoning variance to appellee Ottoville Development Corporation (hereinafter ODC). On May 3, 1991, the Zoning Board and appellants Charles Ala'ilima, who has since withdrawn as a party, and James McGuire stipulated to a stay of the zoning variance. ODCs motion to interven? was granted on December 6, 1993, and the order was filed on January 26, 1994. On March 8, 1994, Appellate Division granted ODC's motion to dissolve the stay but denied its motion to dismiss; the Zoning Board's motion for summary judgment was also denied.

JURISDICTION GENERALLY

Appeals to the High Court from the Zoning Board "may be taken in like manner to appeals under the Administrative Procedure Act [described in A.S.C.A. §§] 4.1040 through 4.1044." A.S.C.A. § 26.0341. Within 30 days from the service of the petition for appellate review, an agency is to send the court the record of the proceedings in the matter under review. A.S.C.A. § 4.1042; A.C.R. 17(a). Appellate review is confined to the record. On a party's request, "the court shall receive briefs and hear oral argument"; and the court has the discretion to receive evidence to supplement the record. A.S.C.A. § 4.1043(a). However, the court is not to reweigh the evidence on factual questions and is to give "appropriate weight to the agency's experience, technical competence, and specialized knowledge." A.S.C.A. § 4.1043(b).

FAILURE TO EXHAUST ADMINISTRATIVE

[61]*61Judicial review is available to a "person who has exhausted all administrative remedies available within an agency and who is aggrieved by a final decision in a contested case." A.S.C.A. § 4.1040(a) (emphasis added). Regulations promulgated by the government further, state that u[w]ithin 10 days after receipt of tjie decision the applicant or any other interested party may file a written motion for reconsideration." A.S.A.C. § 26.0320(h). Thus, this statute requires that all available administrative remedies be pursued before this court can grant judicial relief.

Whether compelled by statute or exercised as a matter of judicial discretion, the "long settled rule of judicial administration [is] that no one is entitled to judicial relief ,for a supposed or threatened injury until the prescribed administrative remedy had been exhausted." LaVallee Northside Civic Ass'n v. Virgin Islands Coastal Zone Management Comm'n, 866 F.2d 616, 620-21 (3d Cir. 1989). (quoting Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 50-51 (1938)). The rationale for this requirement is as follows:

[T]he doctrine. [of exhaustion of administrative remedies] (1) insures against preiqature interruption of the administrative process; (2) allowed the agency to develop the necessary factual background on which to base a decision; (3) allowed exercise of agency expertise in its area; (4) provided a more efficient process; and (5) protected the administrative agency's autonomy by allowing it to correct its own errors and insuring that individuals were not encouraged to ignore its procedures by resorting tq the courts.

South Hollywood Hills Citizens v. King County, 677 P.2d 114, 118 (Wash. 1984) (citing McKart v. United States, 395 U.S. 185 (1969)). Most importantly, utilizing administrative procedures may eliminate the need for judicial review altogether. LaVallee Northside Civic Ass'n, 866 F.2d at 620 (citing FTC v. Standard Oil Co., 449 U.S. 232, 243-45 (1980)). When a statute prescribes administrative remedies which must be exhausted before judicial review is allowed, these procedures are jurisdictional. See Joelson v. City of Casper, Wyo., 676 P.2d 570, 571-72 (Wyo. 1984) (statute provides for judicial review after administrative remedies have been exhausted; the timely filing of a petition for review.is jurisdictional); American Hog Co. v. County of Clinton, 495 S.W.2d 123, 125 (Mo. Ct. App. 1973) (failure to follow statutory procedure for appeals is a jurisdictional matter); Midland Enterprises, Inc. v. City of Elmhurst, 589 N.E.2d 1019, 1024 (Ill. App. Ct. 1992) (trial court Jacked jurisdiction [62]*62when plaintiff failed to seek review pursuant to state's Administrative Review Law).

Appellant did not file-a motion for reconsideration with the Zoning Board. Since exhaustion Of administrative remedies is required by statute, this court lacks jurisdiction to hear his appeal.

OTHER ISSUES

While petitioner's appeal cannot succeed due to his failure to exhaust-his administrative remedies, this court will nonetheless address a few other matters concerning the Zoning Board'? procedures in deciding requests for zoning variances. These matters are brought to the Zoning Board's attention so that future zoning-variance requests can be handled in conformance with applicable provisions of statutes, administrative regulations, and court rules. Following these provisions.will- also aid future judicial review of the Zoning Board's decisions.

I. A Zoning Variance Lapses 180 Days After Issuance

While the failure to exhaust administrative remedies disposes of this appeal, the variance may have lapsed-. The administrative rule reads as follows:

Unless renewal of a variance is requested, it shall lapse 180 days after its issuance unless prior,to that date . . . if a' building -is to be constructed ... a building permit has been issued, and construction is commenced- and diligently pursued. ... A variance may be renewed by the board for a period of 30 days.

A.S.A.C’. § 26.0320(j). The record of a variance proceeding wquld not necessarily show whether or not a building permit was issued and construction was cothmenced in a timely manner. The record would normally indicate a 30-day renewal of a variance. -This record does not show any renewal. Moreover, this record contains an ODC officer's declaration that"[construction is expected to begin in early March/1994." Affidavit of David O. Halleck, ¶ 4 (Feb. 7, 1994). If indeed there was a failure to comply with A.S.A.C. § 26. 0320(j), the variance may no longer be valid.

11. The Zoning Variance Lacks the Requisite Findings 'of Fact

[63]*63"The Zoning Board may grant a variance ... if it finds that the variance is necessary to make possible a reasonable use of land or a building, or that the refusal of a variance would impose a hardship, and that the variance would hot be injurious to the neighborhood." A.S.C.A. § 26.0340(a).

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Related

Myers v. Bethlehem Shipbuilding Corp.
303 U.S. 41 (Supreme Court, 1938)
McKart v. United States
395 U.S. 185 (Supreme Court, 1969)
Federal Trade Commission v. Standard Oil Co.
449 U.S. 232 (Supreme Court, 1980)
South Hollywood Hills Citizens Ass'n v. King County
677 P.2d 114 (Washington Supreme Court, 1984)
Joelson v. City of Casper, Wyo.
676 P.2d 570 (Wyoming Supreme Court, 1984)
Hot Shoppes, Inc. v. Clouser
231 F. Supp. 825 (District of Columbia, 1964)
American Hog Company v. County of Clinton
495 S.W.2d 123 (Missouri Court of Appeals, 1973)
East Greenwich Yacht Club v. Coastal Resources Management Council
376 A.2d 682 (Supreme Court of Rhode Island, 1977)
Lindburg v. Zoning Board of Appeals
133 N.E.2d 266 (Illinois Supreme Court, 1956)
Blair v. ZONING BD. APPEALS CITY OF CHICAGO
228 N.E.2d 555 (Appellate Court of Illinois, 1967)
Dietrich v. District of Columbia Board of Zoning Adjustment
293 A.2d 470 (District of Columbia Court of Appeals, 1972)
A. L. W., Inc. v. District of Columbia Board of Zoning Adjustment
338 A.2d 428 (District of Columbia Court of Appeals, 1975)
Penn Township Board of Supervisors v. DeRose
339 A.2d 859 (Commonwealth Court of Pennsylvania, 1975)

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Bluebook (online)
26 Am. Samoa 2d 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguire-v-zoning-board-amsamoa-1994.