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VALDEZ v. DEPT. OF COM. & REG. AFFAIRS

No. S-3135.

793 P.2d 532 (1990)

CITY OF VALDEZ, a Municipal Corporation, Appellant, v. STATE of Alaska, DEPT. OF COMMUNITY & REGIONAL AFFAIRS; and David Hoffman, Commissioner, Appellees.

Supreme Court of Alaska.

June 1, 1990.

Attorney(s) appearing for the Case

Donna P. Walker, William M. Walker, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Avrum M. Gross, Susan A. Burke, Gross & Burke, P.C., Juneau, for appellant.

Marjorie L. Odland, Asst. Atty. Gen., Juneau, Douglas B. Baily, Atty. Gen., Juneau, for appellees.

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

OPINION

MATTHEWS, Chief Justice.

This appeal presents the question whether the City of Valdez may impose a higher property tax mill rate on oil and gas property than on other property in the city to pay the cost of providing oil spill prevention and response services. The State Department of Community and Regional Affairs (DCRA) and the superior court both concluded that such a tax violates AS 43.56.010(b). We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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