Michael Gatti, Borough Attorney, Matanuska-Susitna Borough, Palmer, for Appellee. Borough's ordinance adopting the Chase Comprehensive Plan. The Mat-Su clerk, Linda Dahl, rejected the petition. The superior court upheld Dahl's decision, holding that Alaska's specific planning laws preempt the general right to a referendum. On appeal, Price and Bratton contend that the trial court's decision was erroneous because the right to a referendum has not been preempted.
Dahl argues that it has been preempted.
In the alternative, Dahl claims that the subject matter of the referendum violates the Alaska constitution, and that the petition's attempt to hold the referendum only among residents of the Chase Comprehensive Plan area is improper. Price and Bratton deny that anything is wrong with their proposed referendum. We affirm the trial court's decision on the ground that the proposed referendum election could only be held on a borough- wide basis. A comprehensive plan must be in place before borough zoning regulations can be implemented. This requirement is not a barrier to pre- existing zoning regulations so long as they comply with the comprehensive plan.