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" i I I ! > I I' I I ! I . I I !I !. J l j j Ii Zoning Bulletin December 10, 20091 Volume 31 No. 23 (/"'~) Manner of Effecting Repeal-Ballot initiative application proposes the expiration of land use ordinances unless approved by voters ,'----'" ( ), '. /"' Municipal clerk denies initiative application Citation: Carmony v. McKechnie, 217 P.3d 818 (Alaska 2009) ALASKA (10/09/09)-Wayne Carmony and others (collectively, "Carmony") submitted a ballot initiative to the clerk of the bor- ough. The initiative, if approved by the voters, would have amend- ed the borough's code (the "Code") by adding a new code section. That section would have provided that: all land use planning, regu- lation, and platting ordinances adopted by the borough assembly after July 1, 2007 would expire as of the next borough election un- less approved by the voters. The clerk determined that Carmony's pr9Posed' initiative failed to meet one of four requirements specified by Alaska statutory law: It was. "unenforceable as a matter of law," said the derk. This was because it "supercede[d] and circumvent[ed]" local and state laws regarding the "administrative processes for the passage of or- dinances." On these grounds, the clerk denied Carmony's referen- dum petition application. Carmony asked the Superior Court to review the clerk's determination. Finding there were no material issues of fact in dispute, and de- ciding the matter on the law alone, the Superior Court agreed with the clerk and granted summary judgment in favor of the clerk. Carmony appealed. DECISION: Affirmed. 1 (,j The Supreme Court of Alaska agreed with the clerk of the bor- ough: Carmony's proposed initiative was not enforceable as a mat- ter of law and therefore must be denied. The court said this. was because: (1) it "would have bypassed mandatory planning commis- sion review of land use ordinances"; and (2) "would have thwarted the state legislature's delegation of land use authority to the munici- pal assembly." . . In so holding, the court explained that "zoning by initiative is invalid." In other words, Carmony's initiative could not exceed the power of the borough assembly. Under Alaska statutory law, the borough had to "establish a planning commission that prepares a comprehensive land use plan." The borough's planning commission must "review, recommend, and administer measures 'necessary to @ 2009 Thomson Reuters 11 73