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VARILEK v. CITY OF HOUSTON

No. S-10814.

104 P.3d 849 (2004)

Larry R. VARILEK, Appellant, v. CITY OF HOUSTON and Matanuska-Susitna Borough, Appellees.

Supreme Court of Alaska.

June 25, 2004.

Attorney(s) appearing for the Case

Larry R. Varilek, pro se, Houston.

Richard A. Weinig, Pletcher & Weinig, Anchorage, for Appellee City of Houston.

Elizabeth D. Friedman, Assistant Borough Attorney, and Teresa Williams, Borough Attorney, Palmer, for Appellee Matanuska-Susitna Borough.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Larry Varilek sued Matanuska-Susitna Borough and the City of Houston claiming that their enforcement of certain land use ordinances violated his constitutional rights. The superior court dismissed the claim because Varilek failed to exhaust his administrative remedies prior to bringing suit. Varilek asserts that he was unable to exhaust administrative remedies because he was unable to pay the borough...

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