Cizek v. Concerned Citizens of Eagle River Valley, Inc.

OPINION ON REHEARING

BRYNER, Justice.

I. INTRODUCTION

The Cizeks appeal a superior court decision that enjoined their use of a parcel of land as an airstrip after the court held that the airstrip was not a continuing nonconforming use under Anchorage zoning laws. Because a nonconforming use of property is rot maintained simply by the property's continual suitability for the use or by sporadic unauthorized use, we affirm the trial court's decision.

II. FACTS AND PROCEEDINGS

This case centers on the history of a private airstrip in Eagle River. Harvey Pullen homesteaded a parcel of land in 1964 on…