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NORTH SLOPE BOROUGH v. GREEN INTERN.

No. S-8151.

969 P.2d 1161 (1999)

NORTH SLOPE BOROUGH, DEPARTMENT OF ADMINISTRATION AND FINANCE, TAX AUDIT DIVISION; North Slope Borough Assembly; and North Slope Borough Board of Equalization, Appellants, v. GREEN INTERNATIONAL, INC., Appellee.

Supreme Court of Alaska.

January 15, 1999.

Attorney(s) appearing for the Case

Steven E. Sumida, Assistant Borough Attorney, Barrow, for Appellants.

Herbert A. Viergutz, Barokas & Martin, Anchorage, for Appellee.

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

OPINION

PER CURIAM.

I. INTRODUCTION

We must decide whether the superior court erred in failing to award costs and attorney's fees after dismissing without prejudice to refiling in Barrow an administrative appeal that had been improperly filed in Anchorage. Although we conclude that the award was a matter for the court's discretion under Alaska Appellate Rule 508, we remand because the court applied an incorrect legal standard in denying...

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