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High Court orders Haleck to stop forest clearing
Tuesday,
April 29, 2008
And interim order issued by the High Court enjoins Avamua Dave Haleck from clearing of virgin bush or associated land development activity in the Tafuna lowland rainforest area.
The order issued April 22 was in response to a petition for a preliminary injunction filed by ASG, the Department of Commerce and American Samoa Coastal Management Program to stop Haleck from carrying out a verbal threat to clear the rainforest property if the government does not purchase the 26 acres known as Naumati. The government argues that Haleck must first secure a land use permit before he can clear the land.
Chief Justice Michael Kruse said, Balancing the relative interests of the parties and very mindful of the rather interesting and seemingly antithetical posture taken by the parties, that rainforest land can somehow sustain individualized land ownership title, we granted a temporary restraining order enjoining departure from the status quo with respect to the Tafuna rainforest. A hearing by the Lands and Titles Division on the petition for a preliminary injunction was held this
morning.
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