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CITY OF KENAI v. McLANE

No. S-3809.

821 P.2d 717 (1991)

CITY OF KENAI, Appellant, v. Stanley S. McLANE, Stan A. McLane, Michael P. McLane, M. Scott McLane, George H. Bradford, Bruce D. Robson, individuals, and MSM Partnership, an Alaska General Partnership, Appellees.

Supreme Court of Alaska.

Rehearing Denied August 23, 1991.

Attorney(s) appearing for the Case

Richard G. Haggart, Maloney & Haggart, Anchorage, for appellant.

C.R. Baldwin, Law Offices of C.R. Baldwin, Kenai, for appellees.

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

OPINION

MOORE, Justice.

This case presents the question whether Kenai Municipal Ordinance (KMO) 16.05.010 imposes personal liability on landowners who waive its twenty-five percent limitation and agree to accept one hundred percent of the costs of capital improvements in a local improvement district. The superior court held that it does not, and it dismissed the City of Kenai's claim. We reverse.

I.

In May 1984, the Appellees, a general...

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