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MUNICIPALITY OF ANCHORAGE v. CFRG

Nos. S-5616, S-5626.

880 P.2d 1058 (1994)

MUNICIPALITY OF ANCHORAGE and Lejane Ferguson, Appellants, Cross-Appellees, v. CITIZENS FOR REPRESENTATIVE GOVERNANCE, Carol Stolpe, Walter Featherly and Dorothy Cox, Appellees, Cross-Appellees, and Yes for Recall, Appellee, Cross-Appellant.

Supreme Court of Alaska.

September 16, 1994.

Attorney(s) appearing for the Case

Scott A. Brandt-Erichsen, Asst. Mun. Atty., Richard L. McVeigh, Mun. Atty., Anchorage, for appellants.

Jonathan B. Rubini, Birch, Horton, Bittner & Cherot, and Walter T. Featherly, Koval & Featherly, Anchorage, for appellees/cross-appellees.

Raymond H. Royce and Brent A. Johnson, Law Offices of Royce & Brain, Anchorage, for appellee/cross-appellant.

Before MOORE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and BRYNER, J. Pro Tem.

OPINION

COMPTON, Justice.

Three Anchorage School Board (Board) members challenged the validity of petitions to recall them from office. They lost both the case and their elected offices. The superior court ruled that they were public interest litigants, and thus denied the Municipality's motion for attorney's fees. This appeal followed. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Yes For Recall (YFR) is an unincorporated...

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