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Posts Tagged ‘Superior Court’

Please do not donate at this time. The Borough agreed to withdraw the Elbasan Acres development plan. Thank you for your support.

Stop the School in the Smoke
Donate to the Elbasan Acres Appeal Legal Defense Fund

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Click the “Donate” button to make your secure donation online thru PayPal.

Or mail your check to:
Elbasan Acres Appeal Legal Defense Fund
c/o Alaska Community Action on Toxics
505 West Northern Lights Blvd, Suite 205
Anchorage, Alaska 99503-2553
(907)222-7714   info@akaction.org  http://www.akaction.org
TIN: 920177082

All donations are fully tax deductible to the extent allowed by law.

Questions? Please contact Patrice Lee, Fund Coordinator <patricelee3294@gmail.com> 799-9580 cell

Alaska Community Action on Toxics has kindly agreed to collect donations for the appeal. Like ACAT on Facebook!  [ACAT Facebook Page]

Your donation is needed now to stop local government from building an elementary school and up to 200 homes in one of the worst air polluted areas in the nation. Children and teachers deserve a school with healthy air, not in a pollution pit. This project would also flood an already saturated real estate market, increasing the downward pressure on home values.

With your support, the Elbasan Acres citizens’ appeal, filed June 3 in Superior Court, will set a court precedent that local governments cannot disregard evidence of harm from air pollution. Donations are most urgently needed to transcribe public testimony and copy the evidence submitted on the record for Judge Michael MacDonald. With sufficient support, the appellants will hire an attorney to file the brief and motions and present oral argument.

The opposing side, the Fairbanks North Star Borough, has the ability to commit multiple staff attorneys and significant resources–funded by your property tax dollars. Only FNSB can answer why they are pressing ahead with this wrong-headed plan to put an elementary school and hundreds of homes in an area known to have life-threatening levels of air pollution.

On the side of public health and private property values, the public interest appellants have limited resources but are assisted by three volunteer attorneys and an energized community of air quality advocates standing up together.

Please donate as soon as possible. Any amount is deeply appreciated. Your donation is your voice to require the Borough to comply with its own rules and laws established to protect health, safety, and property values.

Background:
The Fairbanks North Star Borough is spending local tax dollars for a project called Elbasan Acres on Borough land near Brock, Repp, and Hollowell Roads in North Pole. Objections raised by local residents, parents, teachers, property owners, realtors, developers, doctors, and scientists have been disregarded. The purpose of the Elbasan Acres citizens’ appeal is to require local government to stop risking public health and property values and start following local code, state law, and the State Constitution. It’s time for local government to help solve Fairbanks and North Pole’s air pollution and economic downturn, not make it worse.

Three long-time local residents filed the appeal in Superior Court June 3:

  • Jeanne Olson, DVM <corvi@mosquitonet.com> owner, Raven Veterinary Clinic on Hollowell Road; testified against FNSB Platting Board approval; appealed the decision to the FNSB Planning Commission; presented evidence from nine experts and 422 petition signatures in opposition to the school and subdivision location.
  • David Lanning – professional engineer and developer; raised concerns about increased air pollution to the Platting Board; withdrew himself as a voting member of the Planning Commission to speak in favor of Dr. Olson’s Planning Commission appeal.
  • Patrice Lee <patricelee3294@gmail.com> raised concerns to the Platting Board and Planning Commission on how smoke pollution has harmed her family; retired teacher and current substitute teacher who has experienced first-hand the harm of smoke pollution to school staff and students; coordinator of the Elbasan Acres Appeal Legal Defense Fund.

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scofflaw

scoff·law noun : a contemptuous law violator

5055 Palo Verde Ave, Fairbanks, Alaska Feb 8, 2013 @ 8.35 am

5055 Palo Verde Ave, Fairbanks, Alaska Feb 8, 2013 @ 8.35 am

58 Trinidad Dr, Fairbanks, Alaska on Feb 6, 2013 @ 10:15 am

58 Trinidad Dr, Fairbanks, Alaska on Feb 6, 2013 @ 10:15 am

58 Trinidad Dr, Fairbanks, Alaska on Feb 6, 2013 @ 10:14 am

58 Trinidad Dr, Fairbanks, Alaska on Feb 6, 2013 @ 10:14 am

5055 Palo Verde Feb 5, 2013 @ 11:29 am

5055 Palo Verde Ave, Fairbanks, Alaska on Feb 5, 2013 @ 11:29 am

“This order takes effect immediately.” (Feb 4, 2013)
Signed — “Superior Court Judge Robert B. Downes”

>> Link: State of Alasks v. Straughn Preliminary Injunction Order, ordered 2/4/2013

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