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Griswold v. City of Homer

Alaska Supreme Court
925 P.2d 1015 (1996)


Facts

Homer City (City) (defendant) adopted a comprehensive land-use plan (Plan). The City Council (Council) enacted zoning ordinances to implement the Plan. The Council established a Central Business District (CBD). The Plan stated that stated that the CBD was primarily intended for retail sales and services occurring within enclosed structures. Auto sales and services were not a permissible use within the CBD. However, several businesses already providing auto services were grandfathered in and allowed to continue those services. Guy Rosi Sr. owned an auto dealership lot in the CBD. Initially, his auto business was grandfathered in, but he lost the right to continue this use by discontinuing auto sales for more than one year. In 1990, Rosi requested that the CBD be rezoned to allow auto sales. In April 1992, the Council adopted Ordinance 92-18 (Ordinance), which amended the zoning code to allow vehicle repair and sale shops in 13 lots along one street in the CBD, including Rosi’s parcel. Frank Griswold (plaintiff) owns a grandfathered automobile repair shop in the CBD. Griswold sued the City, alleging that the Ordinance constituted spot zoning and was an invalid exercise of the City’s zoning power. The trial court found for the City. Griswold appealed.

Rule of Law

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Issue

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Holding and Reasoning (Eastaugh, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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