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MARLOW v. MUNICIPALITY OF ANCHORAGE

No. S-5986.

889 P.2d 599 (1995)

Marc MARLOW, Appellant, v. MUNICIPALITY OF ANCHORAGE, and Carr-Gottstein Properties, Inc., Appellees.

Supreme Court of Alaska.

Rehearing Denied March 9, 1995.

Attorney(s) appearing for the Case

Margaret J. Rawitz, Hoge & Lekisch, Anchorage, for appellant.

Leslie K. Schumacher, Scott A. Brandt-Erichsen, Asst. Municipal Attys., Richard L. McVeigh, Municipal Atty., Anchorage, for appellee Municipality of Anchorage.

John C. McCarron, Mark E. Ashburn, Donald W. McClintock, Ashburn & Mason, Anchorage, for appellee Carr-Gottstein Properties, Inc.

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

OPINION

MATTHEWS, Justice.

Seeking to develop a cooperative senior citizen housing project on Tract 6 of the Arnold L. Muldoon Subdivision, appellant Marc Marlow petitioned the Anchorage Municipal Assembly to have the tract rezoned to accommodate his development plans. The Assembly passed an ordinance which rezoned Marlow's property to a zoning classification compatible with Marlow's proposed project. The ordinance contains the following provision...

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