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CITY OF ST. MARY'S v. SMNC

No. S-8963.

9 P.3d 1002 (2000)

CITY OF ST. MARY'S, Appellant, v. ST. MARY'S NATIVE CORPORATION and Alaska Commercial Company, Appellees.

Supreme Court of Alaska.

Rehearing Denied November 27, 2000.

Attorney(s) appearing for the Case

Katherine C. Tank, Perkins Coie, LLP, Anchorage, for Appellant.

David S. Case, P.C., Copeland, Landye, Bennett & Wolf, LLP, Anchorage, for Appellee St. Mary's Native Corporation.

Gregory A. Miller and Colleen J. Moore, Birch, Horton, Bittner & Cherot, Anchorage, for Appellee Alaska Commercial Company.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

In 1986 the voters in St. Mary's approved a three percent sales tax. In implementing the voter-approved tax, the city council exempted transactions exceeding $1,000. In May 1994 the St. Mary's city council repealed that exemption. Because the voters had already approved the three percent tax in 1986, the city council believed that further voter ratification was unnecessary. Alaska Commercial...

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