Andrew Mazzella
6:40 - 7:39
"You are opening the borough up to immediate litigation, temporary restraining orders, and substantial civil rights and regulatory takings claims under the Penn Central framework."
“You are opening the borough up to immediate litigation, temporary restraining orders, and substantial civil rights and regulatory takings claims under the Penn Central framework.”
- Speaker
- Andrew Mazzella
- Timestamp
- 6:40 – 7:39
- Community
- Alaska News
- Captured at
- September 11, 2026
From the transcript
You are opening the borough up to immediate litigation, temporary restraining orders, and substantial civil rights and regulatory takings claims under the Penn Central framework. Furthermore, under the court's ruling in Alaska Survival v. DNR, the fact that people found out about this meeting through informal word of mouth does not cure a constitutional due process violation. Formal state-sanctioned notice is required. By rushing this item forward without satisfying basic notice laws, the borough is creating an indefensible administrative record that will not stand up in Superior Court. For the legal protection of the borough and the constitutional rights of its property owners, I demand that the Planning Commission immediately remove the data center moratorium from today's agenda and postpone that hearing until the borough can properly cure these notice defects.
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