Griswold v. Homer Bd. of Adjustment
Alaska Supreme Court
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
- Kenner v. Zoning Board of Appeals of ChathamMassachusetts Supreme Judicial Court · 2011
- Trimar Equities, LLC v. Planning & Zoning Board of MilfordConnecticut Appellate Court · 2001