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GILMAN v. MARTIN

No. 5937.

662 P.2d 120 (1983)

Don GILMAN, Kenai Peninsula Borough Mayor, Francis Brymer, Borough Clerk, Phillip Waring, Borough Planning Director, and Elroy Barton, Finance Director, Appellants, v. Harry V. MARTIN, Larry C. Zervos, Garland Dean Thompson and Harry V. Martin, a Kenai Peninsula Borough Assemblymember, Appellees.

Supreme Court of Alaska.

April 1, 1983.

Attorney(s) appearing for the Case

Adrienne P. Fedor, Robert C. Erwin, Erwin, Smith & Garnett, Anchorage, and Andrew Sarisky, Kenai Borough Atty., Soldotna, for appellants.

Carl A. Larson, Kenai, for appellees.

Robert M. Maynard, Asst. Atty. Gen., Wilson L. Condon, Atty. Gen., Juneau, for amicus curiae State of Alaska.

Before BURKE, C.J., RABINOWITZ and COMPTON, JJ., and JOHNSTONE, Superior Court Judge.

OPINION

COMPTON, Justice.

This appeal concerns the validity of the land sale lottery ordinance enacted by the Kenai Peninsula Borough ("the Borough"). The superior court entered a declaratory judgment that the ordinance authorizing the lottery violates the equal protection clauses of the United States and Alaska Constitutions because it requires participants to have been residents of the Borough for one year preceding their applications and because participants...

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