Kenai Peninsula Borough v. Ryherd

OPINION

MATTHEWS, Justice.

In this case the Kenai Peninsula Borough Planning Commission sitting as a platting board disapproved a plat submitted by Ry-herd. This disapproval was affirmed by the Borough Assembly sitting as a board of adjustment. On appeal from the decision of the Assembly the superior court reversed and remanded the case to the Assembly for remand to the Commission with directions to approve the plat. The Borough has appealed from the order of the superior court. We agree with the superior court that a remand is necessary, but we conclude that the court erred in directing the…