Anchorage v. McCabe

RABINOWITZ, Justice,

with whom ERWIN, Justice, joins concurring.

While I agree with the court’s disposition of this matter, I disagree with the court’s treatment of the “capacity to be assessed” issue. The majority reasons that since the Board of Adjustment was accorded full party status in Munroe v. City Council for City of Anchorage, 545 P.2d 165, reh’g granted and opinion modified, 547 P.2d 839 (Alaska 1976), it is capable of full party status in the instant case and has the capacity to be assessed attorney’s fees. I think it is necessary to examine those factors which set a zoning board…