Fink v. Municipality of AnchorageAnnotate this Case
Property Owners appealed special assessments that the Anchorage Municipal Assembly levied on their lots to pay for recently constructed road, water, and sewer improvement projects benefiting the lots. The Property Owners claimed the special assessments improperly included nearly $1 million in costs from another municipal utility project unrelated to the improvements built for the benefit of their lots. They also claimed the special assessments exceeded limits set by ordinance and that the assessed costs were disproportionate to the benefits provided by the improvements, violating municipal ordinance, charter, and state law. After review, the Alaska Supreme Court concluded the Assembly’s allocation of costs among these projects was supported by substantial evidence and that the ordinance limit the Property Owners relied on did not apply to these assessments. Furthermore, the Court concluded the Property Owners did not rebut the presumption of correctness that attached to the Assembly’s proportionality decisions. Therefore, the Court affirmed the superior court’s decision affirming the Assembly’s special assessment determinations.