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FAIRVIEW DEVELOPMENT, INC. v. CITY OF FAIRBANKS

No. 1118.

475 P.2d 35 (1970)

FAIRVIEW DEVELOPMENT, INC., Appellant, v. CITY OF FAIRBANKS, Appellee.

Supreme Court of Alaska.

October 9, 1970.

Attorney(s) appearing for the Case

Walter Sczudlo, Fairbanks, Lyle L. Iversen, of Lycette, Diamond & Sylvester, Seattle, Wash., for appellant.

Grace Berg Schaible, of Merdes, Schaible, Staley & DeLisio, Ben T. Delahay, City Atty., Fairbanks, for appellee.

Before BONEY, C.J., and DIMOND, RABINOWITZ, and CONNOR, JJ.

RABINOWITZ, Justice.

Appellant Fairview Development, Inc. sued appellee City of Fairbanks to recover taxes paid under protest. After a trial by the court without a jury, the action was dismissed with prejudice. Fairview appeals from the superior court's judgment. We affirm.

In 1950, Fairview leased a parcel of land of about 12 acres from the city for 75 years at an annual ground rental of $1,800. Paragraph 8 of the lease provides:

It is specifically...

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