Summary
The Alaska Supreme Court held that Anchorage Municipal Code 21.30.050(B), which provides for automatic denial of an appeal when a hearing transcript is not filed within thirty days, is directory rather than mandatory. The Board of Adjustment therefore had discretion to waive the filing deadline and allow the appeal to proceed, and the court remanded for consideration of whether the circumstances warranted doing so.
Holdings
- The ordinance's transcript-filing deadline is directory rather than mandatory.
- The Board of Adjustment has discretion to relax the transcript-filing deadline in Anchorage Municipal Code 21.30.050(B) and allow the appeal to proceed.
Questions Presented
- Whether Anchorage Municipal Code 21.30.050(B), which states that an appeal shall be automatically denied if the appellant fails to file the hearing transcript within thirty days, is mandatory or directory.
- Whether the Board of Adjustment has discretion to waive or relax the transcript-filing deadline and allow the administrative appeal to proceed.
Disposition
remanded
Cases Cited (11)
- Williams v. Abood, 53 P.3d 134, 139 (Alaska 2002)(followed)
- Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245, 1247 (Alaska 1992)(followed)
- Tesoro Alaska Petroleum Co. v. Kenai Pipe Line Co., 746 P.2d 896, 903 (Alaska 1987)(followed)
- City of Skagway v. Robertson, 143 P.3d 965, 968 (Alaska 2006)(followed)
- Marlow v. Municipality of Anchorage, 889 P.2d 599, 602 (Alaska 1995)(followed)
- In re Reinstatement of Wiederholt, 24 P.3d 1219, 1232-33 (Alaska 2001)(followed)
- State, Dep't of Commerce & Econ. Dev., Div. of Ins. v. Schnell, 8 P.3d 351, 357 (Alaska 2000)(followed)
- Comm'r of Ins. v. Stryker, 218 Ga. App. 716, 463 S.E.2d 163, 166 (1995)(followed)
- Mathews v. Eldridge, 424 U.S. 319, 333 (1976)(followed)
- Arbelovsky v. Ebasco Servs., Inc., 922 P.2d 225, 227 (Alaska 1996)(followed)
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Cited In (0)
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Court Document
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