DRAKE v. FAIRBANKS NORTH STAR BOROUGH

No. S-895.

715 P.2d 1167 (1986)

Harvey DRAKE d/b/a Drake's Sanitation Service, and Drake's Sanitation, Inc., Appellants, v. FAIRBANKS NORTH STAR BOROUGH, Appellee.

Supreme Court of Alaska.

March 21, 1986.


Attorney(s) appearing for the Case

B. Richard Edwards, Law Offices of B. Richard Edwards, Anchorage, for appellants.

Michael B. Markham, Asst. Borough Atty., Fairbanks, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.


OPINION

MATTHEWS, Justice.

The question in this case is whether Fairbanks North Star Borough is improperly providing a waste collection and disposal service.

Garbage removal is classified as a public utility service under AS 42.05.720(4)(F).1 A company which provides a public utility service must have a Certificate of Public Convenience and Necessity from the Alaska Public Utilities Commission under AS 42.05.221(a).

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