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Gilbert v. Municipality of Anchorage11/23/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of any issue.
MEMORANDUM OPINION AND JUDGMENT
No. 1229
Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices.
Introduction
1. Lois Gilbert appeals from a superior court order denying three motions:
(1) a motion to accept a late-filed appeal from an administrative order; (2) a motion to waive or reduce her cost bond; and (3) a motion to waive or reduce her filing fees. Because the court did not abuse its discretion by denying Gilbert's motion to accept the late-filed appeal, and since Gilbert failed to brief the issues arising from the denial of the other two motions, thereby waiving any such arguments, we affirm.
2. This case arises from three tickets issued to Lois Gilbert by the Municipality of Anchorage's Department of Animal Control. Two tickets were issued to Gilbert in March 2002 for allowing her Irish setter to roam without a leash, in violation of Anchorage Municipal Code 17.10.020(A). Gilbert contested these tickets, claiming that Animal Control had violated her rights as a disabled person under the Americans with Disabilities Act (ADA). Following an administrative hearing, Animal Control upheld the tickets on November 18, 2002. Gilbert did not timely appeal this decision, as set out more fully below. The third ticket was issued to Gilbert on June 13, 2003. Gilbert requested a hearing to contest this ticket on July 18, 2003 but her request was rejected as untimely. She filed an appeal of this rejection in the superior court, claiming that the ticket violated the ADA, the Fair Housing Act (FHA), as well as municipal law. In addition to her appeal, she filed the three motions relevant to this appeal: (1) a motion for the court to accept a late-filed appeal of Animal Control's November 18, 2002 order and to consolidate that appeal with her appeal related to the June 13, 2003 ticket; (2) a motion to waive the the requirement that she post a cost bond; and (3) a motion to waive or reduce her filing fees. Superior Court Judge Dan A. Hensley denied these motions without comment in a single order on December 23, 2003.
3. Gilbert appeals from this order. Her brief addresses the substance of her ADA claims arising from the March 2002 tickets as well as the ADA, FHA, and municipal law claims included in her appeal of the June 13, 2003 ticket, but we need reach only the issues addressed in the superior court's December 23, 2003 decision: (1) Did the superior court err in denying Gilbert's motion to accept her late appeal, and (2) did the superior court err in denying her motions to waive or reduce the cost bond and filing fees?
The superior court did not abuse its discretion in refusing to accept Gilbert's late appeal of Animal Control's November 18, 2002 order.
4. On March 8, 2002 Animal Control received a report that Gilbert's dog Ki was off leash and defecating at Lions Park in Mountain View. Animal Control Officer Fox found Gilbert in her car with the windows sealed. Officer Fox reported that Gilbert admitted that she allowed her dog to run free and that she did not pick up her dog's feces. According to Fox, Gilbert drove around the parking lot with her windows rolled up while her dog ran loose. Officer Fox did not ticket Gilbert at that time. Animal Control received another complaint on March 11, 2002, that Gilbert "had let her dog run loose again on March 9, 2002 while she drove around the [parking] lot with her windows rol
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