South Anchorage Concerned Coalition, Inc., v. Municipality of Anchorage
Board of Adjustment, David D. Hultquist and Lesa L. Hultquist, 172 P.39 774
(December 14, 2007)
Same parties as the last case but a different case. This appeal arises from
the coalition’s opposition to a proposed residential development on a former
gravel pit in south Anchorage. The primary issues related to submission
and evaluation of evidence that local groundwater supplies would not be
contaminated by the development.
After discussing the evidence presented, the Supreme Court finds that
“substantial evidence” supports the Platting Board’s decision. It further
found that the Platting Board had a “rational Basis” for approving the plat.
After discussing and rejecting the request that the Superior Court do a de
novo review, the Court points out that the substantial evidence and rational
basis standards are used for this type agency review. The decision of the
Platting Board to approve the plat is affirmed