Graves appeal to go forward

08/02/04

DAWN DE BUSK/Frontiersman reporter

WASILLA - Friends of Old Knik and the Knik Chiefs Foundation will be allowed to appeal the Wasilla Planning Commission's decision allowing a property owner to build a triplex on land where the Knik organizations say graves from the old Wasilla cemetery exist.

Anchorage Superior Court Judge John Suddock ruled July 22 that the city must grant a hearing of the Knik organizations' appeal, upholding an earlier court decision ordering the city to waive its usual prerequisite $1,000 filing fee.

"If anything else, this case will bring to the city's attention the fact that it needs to change municipal code to allow for waivers of the filing fee for indigent people," said attorney Goriune Dudukgian, a partner in the Northern Justice Project with Jim Davis, the plaintiffs' lawyer who also does work for Alaska Legal Services.

Wasilla's planning commission had granted permission for Brenda Currier to begin erecting a triplex on privately owned property at Century Park, where three graves reportedly exist.

Earlier, on July 12, Anchorage Superior Court Judge Craig Stowers ordered the city to waive its $1,000 filing fee, saying that Friends of Old Knik and Knik Chiefs Foundation proved their "undisputed indigent status," according to court documents.

This is only the third time in three years that someone has asked to have their case reviewed by a hearing officer, according to Wasilla City Clerk Kristie Smithers. So, this type of appeal isn't an everyday occurrence, she said.

If the city decided to change its code and waive filing fees for people who proved they couldn't pay, or set up payment plans for such people, Smithers said, the city council would approve that change with an amendment. That process would include public input, she said.

"This one was waived because the court directed us to," Smithers said.

The judge's order applies to this case only. Fees for other appeals will still apply since that is part of city code, she said.

Judge Stowers also extended indefinitely a restraining order that will prevent land-clearing or construction from taking place at Mile .5 Knik-Goose Bay Road. Currier's land falls within Wasilla city limits.

When Paul and Star Theodore of Knik Chiefs Foundation and Nancy Sult, with Friends of Old Knik, tried to appeal the planning commission's June 28 decision to let Currier continue with her construction plans, they were denied because they couldn't pay the filing fee up front.

The cost totaled $1,000 - $500 of which was nonrefundable. The other $500 was needed to cover costs involved in appeal, like hiring a hearing officer, according to Smithers.

However, money not spent during the appeal will be refunded to the party filing the appeal, she said.

For now, it will be several weeks before a hearing date is set to determine the future of Currier's property and the bodies that might be buried there, Smithers said.

Once Smithers gathers the names of potential hearing officers, the mayor recommends a person and the city council confirms the appointment. Then, the person, along with the city clerk, sets a date for the hearing. "We're looking for names of people to put on a list. If someone is interested in serving in this capacity, they can call me. That would help me a lot," she said."If someone wanted to appeal something, say, six months from now, at this point our code hasn't changed and we couldn't waive the filing fee," Smithers said.

Dawn De Busk can be reached at 352-2252, or dawn.debusk@ frontiersman.com.