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ULMER v. ALASKA RESTAURANT & BEVERAGE ASS'N

No. S-9676.

33 P.3d 773 (2001)

Fran ULMER, Lieutenant Governor of the State of Alaska, Appellant, v. ALASKA RESTAURANT & BEVERAGE ASSOCIATION (ARBA), Alaska Cabaret, Hotel, Restaurant & Retailers Association (CHARR), and Alaska Wine & Spirit Wholesalers Association (AWSWA), Appellees.

Supreme Court of Alaska.

November 9, 2001.

Attorney(s) appearing for the Case

John B. Gaguine, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Thomas P. Amodio, Foster Pepper Rubini & Reeves LLC, Anchorage, for Appellees.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

In 1999 Lieutenant Governor Fran Ulmer certified and prepared an initiative petition to increase the statutory excise tax on alcoholic beverages. Shortly thereafter, the Alaska Restaurant and Beverage Association, the Alaska Cabaret, Hotel, Restaurant and Retailers Association, and the Alaska Wine and Spirit Wholesalers Association (collectively "ARBA")1 challenged...

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