LeDoux v. Kodiak Island Borough

827 P.2d 1121, 1992 Alas. LEXIS 32, 1992 WL 51292
CourtAlaska Supreme Court
DecidedMarch 20, 1992
DocketS-3997
StatusPublished
Cited by12 cases

This text of 827 P.2d 1121 (LeDoux v. Kodiak Island Borough) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LeDoux v. Kodiak Island Borough, 827 P.2d 1121, 1992 Alas. LEXIS 32, 1992 WL 51292 (Ala. 1992).

Opinion

OPINION

PER CURIAM

I. INTRODUCTION

Appellee, Kodiak Island Borough (Borough), sued the LeDouxs to enjoin them from using their property as a professional office building in violation of the Borough’s minimum parking regulations. The trial court granted the Borough’s summary judgment motion. The LeDouxs appeal. We affirm.

II. FACTS

Joel and Carol Davis owned property in Kodiak. The property was zoned for multifamily residential use. The LeDouxs wanted to buy the property and use it as a combination law office and apartment. In October 1987, the Davises applied for a zoning variance to use the property as a professional office and upstairs apartment. The Borough accepted the variance application subject to submittal of a parking plan. 1 The LeDouxs provided the Borough with a parking plan that included eight off-street parking spaces on the property. In November 1987, the Borough approved the variance. In December 1987, the LeDouxs bought the property from the Davises. The LeDouxs have never provided the off-street parking.

In May 1989, the Borough sued the Le-Douxs to enjoin them from using the property as a professional office building. In July 1989, the Borough moved for summary judgment. In November 1989, the LeDouxs applied to the Borough for an alternative parking location variance. In *1123 December 1989, the Borough denied the LeDouxs’ alternative parking location variance application. The LeDouxs moved to stay the Borough’s injunction action pending administrative and judicial review of the LeDouxs’ application for alternative parking. On January 12, 1990, the trial court implicitly denied the LeDouxs’ motion to stay by granting the Borough’s summary judgment motion. However, the trial court’s order allows the LeDouxs to continue using the property as a professional office building pending a final decision on the LeDouxs’ application for an alternative parking variance.

The trial court also awarded $3,350 in Civil Rule 82 attorney’s fees to the Borough. The Borough expended $4,547.50 in attorney’s fees. The LeDouxs appeal both the trial court’s grant of summary judgment and award of attorney’s fees.

III. DISCUSSION

A. Did the trial court err in granting the remedy of an injunction?

The LeDouxs argue a court can only grant an injunction if two requirements are satisfied: 1) there is no adequate remedy at law; and 2) harm will result if the injunction is not granted. The LeDouxs argue that the trial court improperly granted the injunction because in the present case neither requirement is satisfied. As for the first requirement, the LeDouxs argue their administrative attempt to seek alternative parking approval is an adequate remedy at law. As for the second requirement, the LeDouxs argue there is no harm to the public because the LeDouxs park their cars in a parking lot across the street from their office.

The Borough cites AS 29.40.190(a) which provides that “[a]n action to enjoin a [zoning] violation may be brought notwithstanding the availability of any other remedy.” The Borough argues since the statute authorizes an injunction, the Borough is not required to show harm or the lack of an adequate legal remedy.

As noted above, AS 29.40.190(a) authorizes injunctive relief. “Where a statute specifically authorizes injunctive relief, the plaintiff need not show either irreparable injury or lack of an adequate remedy at law.” Carroll v. El Dorado Estates Div. No. 2 Ass’n, Inc., 680 P.2d 1158, 1160 (Alaska 1984). Therefore, the Borough did not need to show harm or the lack of an adequate legal remedy. The trial court was correct in granting the remedy of an injunction.

B. Did the Borough represent to the LeDouxs that it is practicable to build a parking lot on the Le-Douxs’ property?

The LeDouxs appear to make an estoppel argument. They argue that they bought the property in reliance on the Borough’s finding that it is practicable to build a parking lot on the property. They claim that it is in fact impracticable to build the parking lot. They insist that they should not suffer for the Borough’s errors.

The Borough responds that there is no evidence in the record that the Borough represented it is practicable to build a parking lot.

The LeDouxs reply that the Borough implicitly represented to the LeDouxs that building the parking lot is practicable by approving the LeDouxs’ variance application. Specifically, the LeDouxs argue that the Borough’s statutory duty to investigate their variance application includes a duty to determine whether building the parking lot is practicable. 2 The LeDouxs argue that by approving the variance, the Borough implicitly represented to the LeDouxs that it is practicable to build a parking lot. The LeDouxs do not cite to any cases to support this theory.

Estoppel consists of three general elements: 1) a representation; 2) reasonable reliance on that representation; and 3) *1124 resulting prejudice. Municipality of Anchorage v. Higgins, 754 P.2d 745, 748 n. 11 (Alaska 1988). In the present case, the Borough cannot be estopped from enforcing its zoning regulations because it never represented that it is practicable to build a parking lot on the LeDouxs’ property.

The LeDouxs’ property was originally zoned for noncommercial use. The Borough’s variance only allowed the LeDouxs to use their property for commercial purposes. 3 The variance did not exempt the LeDouxs from the off-street parking regulation. In fact, the Borough made it clear to the LeDouxs that they would have to adhere to the parking regulations by requiring the LeDouxs to submit a parking plan. In our view, the Borough’s requirement and acceptance of a parking lot plan is not a representation that the parking lot can be built. The LeDouxs’ position would place a heavy and unwarranted burden on municipalities. It would require municipalities to examine the feasibility of every variance proposal or lose the ability to enforce its zoning laws.

C. Was the award of attorney’s fees justified?

The LeDouxs argue “[t]he award of $3,350.00 in attorney’s fees on a requested award of $4,547.50 was unjustified and excessive.” The LeDouxs argue the award is unjustified because the Borough is not the prevailing party. The LeDouxs explain “[the Borough] was denied an outright injunction, and the LeDouxs were at least allowed an opportunity to seek alternative parking.” The LeDouxs argue the award is excessive because they did not act in bad faith.

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Cite This Page — Counsel Stack

Bluebook (online)
827 P.2d 1121, 1992 Alas. LEXIS 32, 1992 WL 51292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledoux-v-kodiak-island-borough-alaska-1992.