1985-81 Authorizing Reimbursement For Attorney Fees.KODIAK ISLAND BOROUGH
RESOLUTION NO. 85-81-R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING
,REIMBURSEMENT FOR ATTORNEY FEES.
WHEREAS, the Kodiak Island Borough Assembly sitting as a, Board of
'Adjustment heard an appeal on the Planning and Zoning Commission decision con-
!cerning the Lakeview Subdivision in 1983, and
Ij WHEREAS, the Assembly decision to reverse the Planning and Zoning
Commission decision was ruled null and void in subsequent court action due to
;!the Assembly hearing being improperly conducted in terms of the procedure
'!required by the Kodiak Island Borough Code, and
WHEREAS, the persons appealing the Planning and Zoning Commission
��decision expended personal funds to retain an attorney to prepare their appeal
documents, and
i
WHEREAS, those appeal documents, while effective, lost their effec-
tive impact due to the improper procedure of the meeting, and
WHEREAS, the attorney fees were spent to no avail through no fault of
,Tithe appellants but through the fault of the Assembly.
NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough
Assembly directs the manager to reimburse Flizite Inc, the amount of $2,578.35
Ifor attorney's fees expended for these hearings.
PASSED AND APPROVED _ day of 1985.
KODIAK ISLAND BOROUGH
j QS;
By
Borough Mayor
ATTEST:
By
Deputy Clerk
I