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PIONEER SAND v. MUNICIPALITY OF ANCHORAGE

No. 5181.

627 P.2d 651 (1981)

PIONEER SAND & GRAVEL, Howard C. Luther, Betty Luther, Charles E. Tulin and Helen L. Tulin, Appellants, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Supreme Court of Alaska.

May 8, 1981.

Attorney(s) appearing for the Case

Charles E. Tulin, Anchorage, for appellants.

Jerry Wertzbaugher, Deputy Municipal Atty., Theodore D. Berns, Municipal Atty., Anchorage, for appellee.

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

OPINION

PER CURIAM.

Pioneer Sand and Gravel [PS&G] operates a gravel pit on seventy acres south of O'Malley Road in Anchorage. The surrounding area is presently zoned for residential purposes and prior to 1977 PS&G's gravel pit operations were recognized as a non-conforming use.

In 1977, the Municipality of Anchorage enacted Anch.Mun.Code § 21.55.090 which requires all gravel pits to obtain approval of a site restoration and redevelopment...

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