Haines resident Paul Nelson filed an appeal Wednesday of a planning commission decision on the Portage Cove Harbor expansion’s land use permit.

Nelson argued that Haines Borough manager Bill Seward should not have issued a land use permit for the project’s first phase. The planning commission had recommended the permit be issued.

Last month, Nelson appealed that decision to the planning commission. He argued that the project was improperly given a land use permit without an accompanying conditional use permit. The planning commission ruled against his appeal.

On Wednesday, Nelson appealed the planning commission ruling to the assembly – contending it violated the state constitution and the borough’s code. “The Haines Borough is not exempt from compliance with the law,” Nelson wrote in his appeal.

Nelson can decide to appeal to superior court if the assembly upholds the commission’s decision.

Last week, assembly members wondered – without any conclusions – whether an appeal would delay the project’s first phase. The assembly awarded a contract on Nov. 8 to Pacific Pile & Marine to begin work on the project.

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