Balough v. Fairbanks North Star Borough

OPINION

COMPTON, Justice.

I. INTRODUCTION

Lorraine Balough and Jerome Stempak (collectively “Balough”) appeal a superior court judgment affirming the Fairbanks Board of Adjustment’s (BOA) decision denying Balough’s junkyard “nonconforming use” status.

Balough also appeals the superior court’s judgment granting to the Fairbanks North Star Borough (FNSB) summary judgment on all of Balough’s remaining claims.

We conclude that the judgment of the superior court affirming the decision of the BOA must be reversed and remanded to the BOA for further proceedings. We affirm the judgment dismissing the…