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TUNLEY v. MUNICIPALITY OF ANCHORAGE SCH. DIST.

Nos. 4796, 4797 and 4826.

631 P.2d 67 (1980)

Charles R. TUNLEY et al., Appellants and Cross-Appellees, v. MUNICIPALITY OF ANCHORAGE SCHOOL DISTRICT et al., Appellees and Cross-Appellants.

Supreme Court of Alaska.

As Amended on Denial of Rehearing January 29, 1981.

Attorney(s) appearing for the Case

Charles R. Tunley, pro se, Anchorage, for appellant and cross-appellee Tunley.

Joe P. Josephson, Josephson, Trickey & Lorensen, Inc., Anchorage, for appellant and cross-appellee Niebert.

Peter C. Partnow, Hellen & Partnow, Anchorage, for appellees and cross-appellants.

Before RABINOWITZ, C.J., and CONNOR, BURKE and MATTHEWS, JJ.

OPINION AS AMENDED ON REHEARING

RABINOWITZ, Chief Justice.

The school age population of Anchorage is currently about 1,250 students less than it was at peak enrollment in 1976. Although it is debatable whether the decline in student population will continue, it is undisputed that at this time, Anchorage has a surplus of available classrooms, including eighty elementary school rooms. Because it is economically inefficient to operate schools at less than capacity...

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