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December 10, 2009\ Volume 3 I No. 23 Zoning Bulletin implement' that plan." Carmony's proposed initiative "bypasse[ d]" such administrative implementation of a comprehensive plan. It would "enact sweeping changes to present and future land use or- dinances, including zoning, by imposing termination' dates without any involvement by the planning commission or any consideration of consistency with the comprehensive plan." Therefore, concluded the court, the proposed initiative "exceed[ed] the scope of the legis- lative power granted by the [state] legislature" to the borough and was unenforceable as a matter of law. . The court further explained that the "omission of the statutorily- mandated planning commission role [was] not the only reason the proposed initiative would be unenforceable as a matter of law." Alaska statutory law also required the borough assembly to enact a plan for the "systematic and organized development of the bor- ough." Because the proposed initiative would have subjected all land .use enactments of the borough assembly to popular vote, it would have "divested" the borough assembly of the powers specifi- cally clelegated to it by state law. "[A]lllong-range land use policy and planning" would be "impossible." Since it would conflict with state law for the borough assep:1bly to be divested of these powers, the initiative was unenforceable as a matter of law. See also: Griswold iI. City of Homer, 186 P.3d 558 (Alaska 2008). See also: Whitson v. Anchorage, 608 P.2d 759 (Alaska 1980). Case . Note: Carmony had argued that the initiative would not, as the court found, change the comprehensive plan with- out planning commission involvement; The court disagreed. It was true that the commission would have advanced notice of the termination date of land use ordinances and could recom- mended to the borough's assembly that ordinances be re-enact- ed. However, the initiative would still set an' expiration date for plan-provisions without any planning commission involve- ment and would impose expiration dates. on all other land use planning and regulation ordinances adopted after July 1,2007. 12 @ 2009 Thomson Reuters 74. .'--\ ( . \. ) ,"-\ ! ) )