Griswold v. City of Homer

186 P.3d 558 (2008)

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Griswold v. City of Homer

Alaska Supreme Court
186 P.3d 558 (2008)

  • Written by Robert Cane, JD
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Facts

Fred Meyer, Incorporated announced plans to build a 95,000 square-foot store in the City of Homer, Alaska (defendant). As a result, the city conducted significant review of its zoning ordinance to determine whether it ought to alter floor limits for retail and wholesale stores. After two years of study and consideration by the Homer planning commission, the Homer city council, and a special task force, the city council passed an ordinance setting building floor-area limits at up to 45,000 square feet in certain commercial districts. However, soon after, Homer voters approved a ballot initiative that set the floor-area limit at 66,000 square feet. Consequently, the city enacted an ordinance setting the limit at 66,000 square feet. Frank Griswold (plaintiff), a resident of Homer, challenged the initiative in the superior court as an invalid exercise of the city’s legislative authority. The superior court granted summary judgment in favor of the city. Griswold appealed.

Rule of Law

Issue

Holding and Reasoning (Eastaugh, J.)

Dissent (Carpeneti, J.)

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