South Anchorage Concerned Coalition, Inc., v. Municipality of Anchorage Board of Adjustment, David D. Hultquist and Lesa L. Hultquist

South Anchorage Concerned Coalition, Inc., v. Municipality of Anchorage
Board of Adjustment, David D. Hultquist and Lesa L. Hultquist, 172 P.39 768
(December 14, 2007)

The Coalition opposed Hulquists’ proposed residential development on
several hundred acres in south Anchorage. It appealed the Platting Board’s
preliminary plat for the development to the Municipality of Anchorage
Board of Adjustment, but its appeal was automatically denied because it did
not file the hearing transcript within the thirty-day period set forth in the
Anchorage Municipal Code. Both the municipal clerk and the Board of
Adjustment denied that they had authority to waive the deadline and accept
the late transcript.

The Court discusses the difference between rules that are mandatory which
require strict compliance and rules that are directory for which substantial
compliance is acceptable absent significant prejudice to the other party.
After discussing that there have been other late transcript filings allowed
and that there appears to be no significant prejudice to the other party due to
the short time frame, the case is remanded to the Board of Adjustment to
consider whether the factual circumstances of this case warrant relaxing the
deadline and allowing the Coalition’s appeal to proceed.

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