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KENAI PENINSULA BOR. v. ASSOCIATED GROCERS

No. S-5981.

889 P.2d 604 (1995)

KENAI PENINSULA BOROUGH, Appellant, v. ASSOCIATED GROCERS, INCORPORATED; Market Finance Company; and Country Food, Inc., Appellees.

Supreme Court of Alaska.

February 10, 1995.

Attorney(s) appearing for the Case

Clifford J. Groh, Sr., Michael W. Price and Susan E. Swann, Groh, Eggers & Price, Anchorage, for appellant.

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

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

OPINION

COMPTON, Justice.

A municipal corporation adopted an ordinance which purported to impose personal liability on a successor business owner for the former business owner's delinquent sales taxes. In this case the successor owner is a secured party who foreclosed on the former owner. The municipal corporation sued to collect the delinquent sales taxes from the secured party. The superior court dismissed the claim of the municipal corporation...

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