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LAZY MTN. LAND CLUB v. MATANUSKA-SUSITNA

Nos. S-5713/5714.

904 P.2d 373 (1995)

LAZY MOUNTAIN LAND CLUB, Appellant and Cross-Appellee, v. MATANUSKA-SUSITNA BOROUGH BOARD OF ADJUSTMENT AND APPEALS, Appellee and Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied October 27, 1995.

Attorney(s) appearing for the Case

Charles E. Tulin, Anchorage, for Appellant/Cross-Appellee.

Michael Gatti, Matanuska-Susitna Borough Attorney, Palmer, for Appellee/Cross-Appellant.

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

OPINION

RABINOWITZ, Justice.

Lazy Mountain Land Club (LMLC), a limited partnership, appeals the denial of a conditional use permit by the Matanuska-Susitna Board of Adjustment and Appeals. LMLC argues that MSB 17.60, the borough zoning ordinance requiring the permit, is invalid because it was not adopted "in accordance with" or "in order to implement" a validly enacted comprehensive plan as required by AS 29.40.040. Alternatively, LMLC argues both...

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