Legal Opinion

Griswold v. Homer Board of Adjustment

Alaska Supreme Court

Decided September 14, 2018No. 7295 S-16660PublishedCited by 2 opinions

1Opinion of the Court

STOWERS, Chief Justice.

I. INTRODUCTION

Frank Griswold twice appealed the Homer Advisory Planning Commission's approval of a conditional use permit to the Homer Board of Adjustment and later appealed the Board's second decision to the superior court, which sua sponte dismissed his appeal for lack of standing. Because Griswold did not have notice that his standing was at issue, his due process rights were violated. We therefore reverse and remand for the superior court to decide his appeal on the merits.

II. FACTS AND PROCEEDINGS

In January 2014 the Homer Advisory Planning Commission approved a…

2Cases cited5 opinions

  1. Alyeska Pipeline Service Co. v. State, Department of Environmental ConservationAlaska Supreme Court · 2006
  2. Price v. EasthamAlaska Supreme Court · 2003
  3. Walker v. WalkerAlaska Supreme Court · 1998
  4. Potter v. PotterAlaska Supreme Court · 2002
  5. Brandner v. Providence Health & Services - WashingtonAlaska Supreme Court · 2017

3Cited by2 opinions

  1. Markham v. Kodiak Island Borough Bd. of Equal.Alaska Supreme Court · 2019
  2. Alborn Construction, Inc. v. State of Alaska, Department of Labor & Workforce Development, Labor Standards & Safety Division, and Deborah Kelly, in an official capacityAlaska Supreme Court · 2022

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