By Melinda Munson
As promised, the Municipality of Skagway filed a motion of reconsideration for the Sept. 7 injunction placed on the Dyea host cabin. That motion was denied Oct. 27, meaning the dry cabin remains unusable.
Kathy and Fred Hosford, Dyea residents and owners of the Chilkoot Trail Outpost, filed a lawsuit against the municipality in June, protesting a kit cabin that was erected in the Dyea Campground without permits.
The injunctions reads: “The Hosfords assert that (1) Skagway constructed its Dyea Cabin illegally by failing to obtain a conditional use permit or building permit as required under Title 15 and 19 of the SMC (Skagway Municipal Code) and that (2) Skagway illegally rented the cabin out without first obtaining a conditional use permit, in direct violation of the DFMP (Dyea Flats management Plan).”
According to the injunction, “Skagway does nothing to argue that it complied with the provisions of Title 15 and 19 of the SMC. Instead, it claims that those provisions simply do not apply. According to Skagway, only Title 16 of the SMC … applies to the area in which the Dyea Cabin sits.”
The Hosfords’ attorney, Stacey Stone, said the municipality has asked the Alaska State Supreme Court to review the litigation. While the court decides if it will accept the case, both parties have agreed to take no further action. Stone estimates this latest step in the process can take three to six months.
The injunction addresses permitting only and not unfair competition.
The municipality declined to comment for this story.