Twenty-one Haines residents of Mile 26 submitted an appeal to the Alaska superior court last week, contesting the borough’s June 13 decision to not rehear the granting of a conditional use permit for a heliport in the area.
The administrative appeal is not a lawsuit, but it can eventually lead to one. All administrative remedies must be exhausted before appellants can sue the Borough.
Nicholas Szatkowski, one of the appellants, said “issuing a CUP for this use, in this location, doesn’t meet the requirements of Borough law. Unfortunately, the Borough doesn’t seem to see that, so the majority of neighbors in the most affected area must appeal to a higher power to get fair treatment under the law.”
As of Wednesday, a date for a hearing hadn’t been set and the appeal was listed as missing a filing fee and cost bond.
The points of appeal include the Borough violating code, denying due process and equal protection under the law, and issuing a rehearing decision that is not supported by evidence.
Borough Manager Annette Kreitzer said she had not gotten a chance to look over the appeal as of Monday and does not have any comment at present.