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FAIRBANKS NORTH STAR BOROUGH v. STATE

No. S-2254.

753 P.2d 1158 (1988)

FAIRBANKS NORTH STAR BOROUGH and Fairbanks North Star Borough School District, Appellants, v. STATE of Alaska, William Sheffield Governor of the State of Alaska, Marshall Lind, Commissioner of Education, Eleanor Andrews, Commissioner of Administration, Emil Notti, Commissioner of Community and Regional Affairs, Loren Lounsbury, Commissioner of Commerce and Economic Development, Milton Barker, Acting Commissioner of Revenue, all in their official capacities, Appellees.

Supreme Court of Alaska.

May 6, 1988.

Attorney(s) appearing for the Case

Eugene P. Hardy and Mark Andrews, Asst. Borough Attys., Gordon W. Duval, Staff Atty., Fairbanks, Paul H. Cragan, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, for appellants.

James Baldwin and Robert M. Maynard, Asst. Attys. Gen., Grace Berg Schaible, Atty. Gen., Juneau, for appellees.

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

OPINION

BURKE, Justice.

This case is before us for the second time on appeal. In State v. Fairbanks North Star Borough, 736 P.2d 1140, 1140-41 (Alaska 1987) (Fairbanks I), we affirmed the superior court's decision holding unconstitutional the governor's impoundment of certain legislative appropriations under the authority of AS 37.07.080(g). We concluded that that statute permitted the governor so much discretion...

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