Concerned Citizens of South Kenai Peninsula v. Kenai Peninsula Borough

J., joins.

I concur with Justice Erwin’s opinion but do not agree that “[wjhere there is a variance between a court’s oral ruling on a motion for summary judgment and written findings prepared by the prevailing party, the oral ruling controls.” The written findings and conclusions should be the product of greater deliberation, and the general rule is that where formal findings of fact and conclusions of law filed pursuant to statute conflict with statements of fact made in an opinion or memorandum of decision, the formal findings prevail.1 However, facts stated in a memorandum that are not…