Tweedy v. Matanuska-Susitna Borough Board of Adjustment and Appeals

Summary

The court affirmed the superior court's judgment upholding the Borough's determination that Tweedy's stairwell addition violated the shoreline-setback requirements and was not eligible for an exemption or variance. The court held that the setback requirement applied to Tweedy's property when he built the addition, so applying the successor ordinance was not retroactive, enforcement did not violate substantive due process, and no taking occurred because Tweedy never possessed a lawful property interest in the prohibited expansion. The court also concluded that the addition was not a legal nonconforming structure because it was constructed after the applicable exemption date.