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STATE v. FAIRBANKS NORTH STAR BOROUGH

No. S-7122.

936 P.2d 1259 (1997)

STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellant, v. FAIRBANKS NORTH STAR BOROUGH, Appellee.

Supreme Court of Alaska.

April 25, 1997.

Attorney(s) appearing for the Case

M. Leone Hatch, Assistant Attorney General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Ardith Lynch, Borough Attorney, Fairbanks, for Appellee.

Lance C. Parrish and James A. Parrish, Parrish Law Office, APC, Fairbanks, for Amicus Curiae Bentley Family Charitable Trust.

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

OPINION

FABE, Justice.

I. INTRODUCTION

This appeal raises the issue of whether the State of Alaska, Department of Transportation and Public Facilities (State), was required to exhaust its administrative remedies before filing a declaratory judgment action challenging the validity of an ordinance adopted by the Fairbanks North Star Borough (Borough). Because we conclude that the doctrine of exhaustion of administrative remedies does...

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