In Rosauer v. Manos, the supreme court held that a retroactively granted municipal permit conferred lawful authority for the removal of trees from a municipal right-of-way when lawful authority was required for their removal.[1] Chris and Jeanne Rosauer owned property across a municipal roadway from the property of Manos and Liddicoat (“Manos”). The Municipality of Anchorage owned the roadway and a right-of-way that ran from the Rosauer’s property to the municipal road. Manos hired Greatland Tree Services, LLC to remove several cottonwood trees from the municipal right-of-way in front of the Rosauer’s property. The Anchorage Municipality Code required private entities to obtain a permit for tree removal from municipal rights-of-way. Greatland obtained a permit after having already removed the trees. The Rosauers sued under the timber-trespass statute. They argued that Manos and Greatland did not have lawful authority to cut down the trees, as required by the statute. The superior court granted summary judgment for Manos and Greatland, finding lawful authority was granted by the retroactive permit. The Rosauers appealed. The supreme court found that municipalities had broad discretion to delegate powers to municipal agencies or officers. The supreme court reasoned that the authority to grant retroactive permits was consistent with the policy of delegating significant authority over public-use permits and decisions regarding the safe and efficient use of public spaces. The supreme court affirmed the superior court, holding that a retroactively granted municipal permit conferred lawful authority for the removal of trees from a municipal right-of-way when lawful authority was required for their removal.
[1] Rosauer v. Manos, 440 P.3d 145, 149 (Alaska 2019).
