Alaska Supreme Court

Anchorage Board of Adjustment and Anchorage School District, Appellants v. Lbj, LLC, Appellee

April 2, 20102010 Alas. LEXIS 37

Summary

The court affirmed the superior court's reversal of the Board of Adjustment and reinstatement of the Platting Board's decision requiring improvements to Yosemite Drive. It held that once the road was treated as a collector street serving a subdivision in an urban improvement area, the municipal code required the subdivider to construct the specified urban improvements, and a traffic study could not eliminate those requirements absent a variance. The court also rejected the school district's arguments concerning municipal responsibility, unfairness, and due process.