SPINELL HOMES v. MUNICIPALITY OF ANCHORAGE

No. S-10546.

78 P.3d 692 (2003)

SPINELL HOMES, INC., Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Supreme Court of Alaska.

Rehearing Denied November 5, 2003.


Attorney(s) appearing for the Case

David J. Schmid and Eric R. Cossman, Law Offices of David J. Schmid, Anchorage, for Appellant.

Steven S. Tervooren, Hughes, Thorsness, Powell, Huddleston & Bauman, LLC, Anchorage, for Appellee.

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


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

A homebuilding company challenges conditions the Municipality of Anchorage imposed on the issuance of building permits and certificates of occupancy for certain homes. Because the Anchorage Municipal Code gave the municipality the authority to impose the challenged conditions, we affirm the decision of the superior court denying the plaintiff's motion for summary judgment and granting summary judgment...

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