Lazy Mountain Land Club v. Matanuska-Susitna Borough Board of Adjustment & Appeals

OPINION

RABINOWITZ, Justice.

Lazy Mountain Land Club (LMLC), a limited partnership, appeals the denial of a conditional use permit by the Matanuska-Susit-na Board of Adjustment and Appeals. LMLC argues that MSB 17.60, the borough zoning ordinance requiring the permit, is invalid because it was not adopted “in accordance with” or “in order to implement” a validly enacted comprehensive plan as required by AS 29.40.040. Alternatively, LMLC argues both that MSB 17.60 is unconstitutionally vague, and that by its own terms it is not applicable to LMLC’s proposed land use.

I. FACTS & PROCEEDINGS

Lazy…