Borough assembly considers releasing confidential legal opinion

Lawyer’s opinion relates to land use at Pacific Spaceport Complex in Pasagshak


Kodiak residents may soon get to read a confidential legal opinion related to a zoning issue at the rocket launch site in Pasagshak.

On tonight’s regular Borough Assembly meeting agenda is a measure, that if approved, would waive the confidentiality of the attorney-client privilege between the borough and its lawyer for this one matter.

The opinion of the borough’s legal office deals with compelling the Alaska Aerospace Corporation to comply with borough land use ordinances with respect to the development of the Pacific Spaceport Complex.

While much of the discussion of the issue has been behind the closed doors of executive session, at an August meeting, the borough manager, said that the aerospace corporation claims to be exempt from municipal zoning authority by state statute.

At that meeting, members of the public asked for the borough attorney’s legal opinion to be made public.

Several people spoke up about their concerns and about the need for people to know what is going on.

Normally, legal matters are kept behind a wall of confidentiality. Unlike most assembly or borough official proceedings, legal items are automatically kept confidential unless specific steps are taken to allow their release.

In this case, several assembly members requested that the lawyer’s opinion be released. The matter was originally presented at a special assembly meeting on August 28.

The matter comes up under Unfinished Business on the agenda.


Click Here for Borough Assembly Agenda




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