In the first OAH Petition filed, 11F-H1112001-BFS, the North Slopes HOA filed a motion to dismiss, partly based on the unconstitutionality of the statutes. It was a feeble claim, especially coming from a national law firm. The ALJ, at the Oct. 19, 2001 pre-conference hearing, stated that the statute was constitutional until a court decision said otherwise. The HOA attorney then stated that it was filed to allow the question to be raised in a superior court appeal. Here we go again!
My feeling is that we will continue to see constitutionality challenges as one of several defenses in future Petitions, and not as the main focus of the defense, which we saw with the repeated CAI attorney challenges.