Property purchaser sought review of borough board of adjustment appeals’ decision denying exemption from borough’s setback requirement. The Superior Court affirmed. Purchaser appealed.
The Supreme Court of Alaska held that:
- Zoning ordinance creating a 75-foot setback from shoreline applied to property at the time exterior stairwell was constructed;
- Ordinance did not violate property owner’s substantive due process rights;
- Enforcement of ordinance did not constitute a taking; and
- Stairwell was not exempt from setback requirement.