Griswold v Homer Board of Adjustment, et al.Annotate this Case
Frank Griswold appealed a decision of the Homer, Alaska Advisory Planning Commission to the Homer Board of Adjustment. Griswold was a Homer resident who owned several lots within the Business District, one of which is approximately 3,280 feet from Terry and Jonnie Yager. The Yeagers applied for a conditional use permit to build a covered porch ten feet into a twenty-foot setback. Before the hearing, Griswold submitted two documents to the Commission, arguing that the setback exceptions required a variance rather than a conditional use permit and that provisions of the Homer City Code (HCC) allowing for setback exceptions by conditional use permits in the Business District conflicted with state law. After a public hearing the Commission approved the Yagers’ conditional use permit. Griswold appealed, arguing the Yeagers' permit would adversely affect the value of his Business District properties by increasing congestion in the area and that the permit would create a “pernicious precedent” for future setback exceptions in his neighborhood. Additionally Griswold said this would harm the use and enjoyment of his home. The Board rejected his appeal for lack of standing. Griswold appealed to the superior court, arguing that he had standing under the Homer City Code and alleging a number of due process violations. The superior court ruled that Griswold lacked standing as a matter of law and found any due process errors harmless. It also awarded the Board attorney’s fees on the appeal, reasoning that Griswold did not qualify for protection from attorney’s fees as a public interest litigant. The Alaska Supreme Court reversed, finding that under applicable Home City Code section, a property owner need only produce some evidence supporting the owner’s claim that the city’s action could potentially adversely affect the owner’s use or enjoyment of the owner’s property. "The individual bringing the claim must still prevail on the merits by showing that a legal remedy against such harm is available." The matter was remanded for further proceedings.