Munroe v. City Council for the City of Anchorage

OPINION ON REHEARING

ERWIN, Justice.

The Petition for Rehearing filed by appellants is granted for the purpose of clarifying the opinion filed herein.

Appellants assert that the denial of their application for a special exception to the zoning ordinance is not moot. They contend that our dismissal of their prior appeal will collaterally estop them from arguing that the parcel of land taken by the City by eminent domain was amenable to development as a PUD. Thus appellants will not be able to establish the “highest and best use” of the property for valuation purposes in the condemnation action…