CIZEK v. CONCERNED CITIZENS OF EAGLE RIVER

No. S-9574.

49 P.3d 228 (2002)

Jennifer CIZEK and Joseph Cizek, Appellants, v. CONCERNED CITIZENS OF EAGLE RIVER VALLEY, INC., Nora Firmin, Patricia Balzarini, and Charles Balzarini, Appellees.

Supreme Court of Alaska.

June 14, 2002.


Attorney(s) appearing for the Case

William S. Cummings, Ashburn & Mason, P.C., Anchorage, for Appellants.

Suzanne H. Ewy, Law Offices of Suzanne H. Ewy, Eagle River, for Appellees.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.


OPINION ON REHEARING

BRYNER, Justice.

I. INTRODUCTION

The Cizeks appeal a superior court decision that enjoined their use of a parcel of land as an airstrip after the court held that the airstrip was not a continuing nonconforming use under Anchorage zoning laws. Because a nonconforming use of property is not maintained simply by the property's continual suitability for the use or by sporadic unauthorized use, we affirm the trial court's...

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