A neighborhood association’s multi-year fight to shut down a transitional home for women recently released from prison may be coming to an end.
Juneau Superior Court Judge Louis Menendez issued a decision this month that upheld the City and Borough of Juneau’s decision to allow Haven House to operate and denied the appeal by Andrew Hughes and Tall Timbers Neighborhood Association.
“It’s a huge relief,” June Degnan, founding president of Haven House’s board of directors, said in an interview. “We’re a charity and I’m the chief fundraiser and it’s difficult to try and raise money when you have a cloud of litigation over your head. People want to wait and see if you’re going to survive.”
Tall Timbers Neighborhood Association has been challenging the opening of Haven House on 3202 Malissa Drive in the Mendenhall Valley for more than two years. When the Juneau Planning Commission issued the transitional home a conditional use permit, the neighborhood association appealed the decision to the Juneau Assembly. When the Assembly backed the Planning Commission’s decision, the neighborhood association took its challenge to Juneau Superior Court, which hears administrative agency appeals.
[One year after welcoming its first residents, Haven House thrives as neighbors still object]
Judge Menendez heard oral arguments on the matter in February and his decision was sent to attorneys representing Tall Timbers, CBJ and Haven House on Aug. 10.
The court didn’t agree with Tall Timbers’ assertion that Haven House is a halfway house and therefore not allowed in the neighborhood. Menendez called the argument “moot” since CBJ repealed the definition of halfway house in its land use code a year ago and passed an ordinance that codifies “transitional housing.” Haven House was granted a conditional use permit as transitional housing.
Tall Timbers also argued that Haven House was a threat to public health and safety, would decrease property values in the neighborhood, is out of harmony with property in the area and lacked general conformity with CBJ’s Comprehensive Plan.
The court didn’t find any of these arguments valid.
“The majority of the Appellant’s claims are merely speculative, as they haven’t yet seen any threats to health, safety, or harmony of the neighborhood,” Menendez wrote.
“People of good will can have different opinions on the question of whether Haven House is compatible with the character of the Tall Timbers neighborhood. Under our democratic system, however, the opinion that carries the day is the one held by the people’s elected representatives on the City Assembly and that of the men and women they appoint to the Planning Commission. It is not the role of this court to substitute its judgment for that of the Planning Commission or the Assembly,” he continued.
[Haven House offers serenity to first tenants]
CBJ city attorney Amy Mead said she’s happy with the decision.
“We think the judge decided the case in accordance with the law and that was the decision we thought we were going to get and we were pleased with it,” she said by phone Wednesday.
Mead said Tall Timbers has the option of taking the appeal to the Alaska Supreme Court, but it’s likely not going to.
Tall Timbers lawyer Dan Bruce did not return requests for comment, but CBJ assistant attorney Robert Palmer said an agreement is in the works which stipulates Tall Timbers and Andrew Hughes waive the right to appeal the case to Supreme Court. In exchange, the city and Haven House will not seek recovery of attorney fees and costs, something that is normally filed in court within 10 days of a decision.
Palmer was the city’s lead lawyer during the various appeal processes. He estimated he put in about 100 hours just on the Superior Court appeal. With the court normally allowing for 20 percent of legal fees to be recovered, Palmer said, he estimates his time on the Superior Court appeal to be worth between $4,000 to $7,000.
[Organization, neighborhood clash over Haven House]
Palmer doesn’t consider the amount the city could recover to be nominal, but he said other interests outweigh the monetary value.
“The city wants to get closure on this appeal and if the members of Tall Timbers and Mr. Hughes are willing to waive their right to appeal, the city would be interested in having this case done,” he said.
“Also, the city really respects the interests and concerns of the members of Tall Timbers and if there’s any way to make this case less harmful to them, one of the ways would be waiving our right to get attorney’s fees and costs,” Palmer added.
[Haven House runs into zoning conflict]
Attorney Mary Alice McKeen represented Haven House pro bono. She estimates she and another pro bono lawyer spent more than 500 hours on the various appeals, 100 of that on the Superior Court portion.
McKeen is also a Haven House board member.
“I’m glad that the legal challenge is over,” she said, “and that we can just get on helping women who want to start their lives anew and live in harmony with the neighbors.”
• Contact reporter Lisa Phu at 523-2246 or lisa.phu@juneauempire.com.
Read more local news:
Analysis: Election results present mixed messages
