Carlson v. Chermak

OPINION

FOLEY, Judge. *

Appellant landowner Dorothy Carlson unsuccessfully sought a variance from respondent Douglas County’s shoreland development ordinance. She did not appeal the denial by the Douglas County Board of Adjustment (BOA), but five months later, after the 30-day statutory period for appeal had run, she commenced this declaratory-judgment action challenging the applicability and enforceability of the shoreland ordinance to her property. The district court assumed subject-matter jurisdiction and dismissed the action on the merits, concluding the ordinance was applicable to Carlson…