Alaska Supreme Court
Frank Griswold, Appellant v. City of Homer, City Clerk Jo Johnson, and Kachemak Shellfish Mariculture Association…
June 10, 20112011 Alas. LEXIS 43
Summary
The court affirmed the superior court's decision upholding the rejection of Griswold's land-use appeal because he failed to show that the permit could adversely affect the use, enjoyment, or value of his own real property in a manner different from the general public. It held that Homer's standing restrictions were authorized by state law, did not violate due process or equal protection, and lawfully delegated standing determinations to the city clerk. Although Griswold filed his appeal outside the applicable period, the court excused the untimeliness because the deadline rule was potentially confusing and he made a good-faith effort to comply.