On September 24, 2013, the Planning Commission issued a final decision denying a request to rezone USS 381 FR from D10 to LC. The petitioner, Richard Harris, representing RH Development LLC, filed a timely Notice of Appeal of this decision with the Municipal Clerk’s Office on Monday, September 30, 2013.
The Assembly accepted the appeal and appointed Assemblymember Jerry Nankervis as the presiding officer at its regular meeting of October 14, 2013.
The packet contains the Notice of Appeal, the Orders and Motions, the Record on Appeal, and Briefs. The parties will be allowed X time to present their arguments. At the close of the hearing, the Assembly may enter into executive session to deliberate.
CBJ Code 01.50.140, Decisions on Appeal, provides:
(b) Appeal agency decisions. In an appeal heard by the appeal agency:
(1) The attorney, if any, who advised the appeal agency at the hearing may be present during the deliberation on the decision of the case, and if requested, shall assist and advise the appeal agency;
(2) A member of the appeal agency who has not heard the evidence in person at the hearing may not participate in the decision;
(3) Deliberation shall be in executive session unless the agency votes to deliberate in open session; and
(4) The appeal agency shall itself prepare and adopt a written decision no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any; or the appeal agency may direct the attorney who advised the appeal agency, if any, or the prevailing party to prepare a proposed decision. A proposed decision prepared by the advising attorney or the prevailing party shall be filed with the municipal clerk and served on each party to the appeal or the party's representative no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any. The parties may file written objections to the proposed decision with the municipal clerk within five days after service of the proposed decision. The proposed decision and any objections to the proposed decision shall be placed before the appeal agency at the first regular meeting at which the matter may be scheduled or at a special meeting called for that purpose.