Legal Opinion · Dissent

Griswold v. Homer Bd. of Adjustment

Alaska Supreme Court

Decided April 19, 2019No. Supreme Court No. S-16267Published

1DissentBolger, Justice

I disagree with the court's opinion on the standing issue. When the legislature chose to limit appeals to a "person aggrieved" by a land use decision,1 it was choosing language that is used across the country to limit participation more strictly than the broad definition of interest-injury standing.

Aggrievement requires a showing of more than minimal or slightly appreciable harm. The adverse effect on a person must be substantial enough to constitute actual aggrievement such that there can be no question that the person should be afforded the opportunity to seek a remedy. To conclude…

2Cases cited2 opinions

  1. Kenner v. Zoning Board of Appeals of ChathamMassachusetts Supreme Judicial Court · 2011
  2. Trimar Equities, LLC v. Planning & Zoning Board of MilfordConnecticut Appellate Court · 2001

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