The dominant concern of the residents appeared to be that the proposed development would result in greatly increased traffic on Woodland Drive, a street on which many of the complainants lived leading to the proposed development. The rezoning and subdivision plat were approved by the Kodiak Island Borough Planning and Zoning Commission and the Kodiak Assembly. Owners, who own property located on Woodland Drive, appealed the Assembly's decision to the superior court. On appeal, among other claims, Owners argued that the rezoning amounted to an unconstitutional taking of property without just compensation. The superior court affirmed the Assembly's decision.
Owners appeal only the award of attorney's fees.
Owners argue that the superior court erred by denying them public interest litigant status. A trial court's determination of whether a party is a public interest litigant is reviewed for an abuse of discretion. The superior court was also uncertain as to whether numerous people would receive benefits from the lawsuit. The homeowners association appealed the zoning board's action to the superior court. We decided that the superior court erred by denying the homeowners association public interest litigant status.