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Gilbert v. Municipality of Anchorage11/23/2005
to AMC 17.05.100(A), in order to contest a ticket at a hearing, a person must file a written demand for a hearing within fifteen business days of receiving the notice of violation. Gilbert filed a request for a hearing on July 18, 2003, asking for a hearing regarding the June 13, 2003 ticket (she also requested a hearing regardingher March 2002 tickets). Animal Control rejected this request because it was not made within fifteen business days as required by AMC 17.05.100(A).
22. After Animal Control rejected a motion for reconsideration, Gilbert filed an appeal with the superior court on September 15, 2003. She also moved for a waiver or reduction of the cost bond and filing fees. Judge Hensley denied these motions without comment on December 23, 2003. Although Judge Hensley did not issue an order dismissing Gilbert's appeal, that appears to have been the effect of his order.
23. Gilbert addressed the correctness of this decision in her points on appeal, stating that she was "on Social Security Disability and Medicaid, eligible for waiver of filing fees and cost bond, and cannot afford these fees." She did not, however, brief this issue. Thus she has waived any argument that the superior court's decision was erroneous.
Conclusion
24. The superior court did not abuse its discretion in denying Gilbert's motion to accept her late-filed appeal of the November 18, 2002 order. Additionally, by failing to brief any issues arising from the superior court's refusal to waive or reduce her cost bond and filing fees, Gilbert has waived any arguments regarding these motions. We therefore AFFIRM the superior court's decisions.
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