BOTELHO v. GRIFFIN

No. S-9535.

25 P.3d 689 (2001)

Bruce M. BOTELHO, Attorney General State of Alaska, Bruce M. Botelho, Attorney General on behalf of the members of Alaskan Sports Bingo Joint Venture, Anchorage Sports Association, Inc., Bartlett High School Boys' Basketball Booster Club, Chugiak High School Boys' Basketball Booster Club; Mat-Su Crime Stoppers, Inc., and Triam Sports Association, Inc.; the members of the Lucky Strike Bingo Joint Venture, Alaska Dance Theater, Inc., Cook Inlet Darting Club, Victims for Justice; the following members of the Northern Lights Gaming Co-Op, Alaska Center for the Environment, Alaska Laborers' Training School, Barrier Free Recreation, Mabel T. Caverly Senior Center, Inc., and West High Athletic Alumni; and the Public of the State of Alaska, Petitioners, v. Mark and Sue GRIFFIN, husband and wife, in their personal capacity, and d.b.a. Alaska Bingo Supply, Inc.; Alaska Bingo Management; Bingo Management, Inc.; Griffco, Inc.; Hot Rods; Management Company; and The Alaska Charitable Gaming ASSOCIATION, INC., Respondents. Mark Griffin, Individually, and Sue Griffin, Individually, as Husband and Wife, Third-Party Petitioners, v. Stephen C. (Neil) Slotnick, Individually, and Larry E. Meyers, Individually, Third-Party Respondents.

Supreme Court of Alaska.

June 22, 2001.


Attorney(s) appearing for the Case

Dan N. Branch, Assistant Attorney General, Bruce M. Botelho, Attorney General, Juneau, for Petitioners.

Laurel J. Peterson, Laurel J. Peterson, P.C., Anchorage, for Respondents and Third-Party Petitioners Mark and Sue Griffin, and Respondents Alaska Bingo Management, Griffco, Inc., Hot Rods, and Management Company.

Diane F. Vallentine, Natasha M. Summit, Jermain, Dunnagan & Owens, P.C., Anchorage, for Respondent Alaska Bingo Supply, Inc.

Terry C. Aglietti, Aglietti & Offret, Anchorage, for Respondent Alaska Charitable Gaming Association, Inc.

Before MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.


OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The Alaska attorney general filed suit against Mark and Sue Griffin on behalf of various charitable organizations, alleging that the Griffins had violated the state's gaming laws by charging the charities unreasonably high expenses. Citing this court's decision in State v. First National Bank of Anchorage,1 the superior court held that the attorney general...

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