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JACKSON v. KENAI PENINSULA BOROUGH

No. S-1104.

733 P.2d 1038 (1987)

Robert JACKSON, Appellant, v. KENAI PENINSULA BOROUGH for the Use and Benefit of the CITY OF KENAI, Appellee.

Supreme Court of Alaska.

March 6, 1987.

Attorney(s) appearing for the Case

Joseph R. Skrha and Linda MacLean, Drathman & Mysing, Kenai, for appellant.

Timothy J. Rogers, City Atty., Kenai, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MOORE, Justice.

This appeal poses the question whether a city which has ignored an open violation of a zoning ordinance for 18 years can now enforce it. Robert Jackson operates an automobile repair business in a residential zone in the City of Kenai. He argues that the equitable defenses of estoppel and laches should bar the City of Kenai from enforcing the zoning ordinance against him. The trial court...

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