Alaska Supreme Court

Gregory Smith, Rowdy James, Sharlynn Morgan, Arthur Smith, Larry Tunley, and Brian Vaughan v. Municipality of Anchorage

May 9, 2025568 P.3d 367

Summary

The court held that the superior court's appellate jurisdiction over a campsite-abatement appeal encompasses the substance of the abatement decision, including the constitutional challenges raised by the appellant, rather than being limited to the legal sufficiency of the posted notice. It also held that an inadequate administrative record does not eliminate appellate jurisdiction; the superior court must use appropriate procedures to obtain a record sufficient for meaningful review. The court reversed the dismissal and remanded for further proceedings.