STATE, DEPT. OF REVENUE v. ANDRADE

Nos. S-9329, S-9339.

23 P.3d 58 (2001)

STATE of Alaska, DEPARTMENT OF REVENUE, Appellant/Cross-Appellee, v. Martha ANDRADE (Barahona) and Belly Willman Barahona, individually, and for their minor children Jonathan Barahona and Willman Barahona; Shelly Edwards-Pigeon and Christopher Pigeon, individually and for their minor children, Jessica Edwards-Pigeon and Zoe Edwards-Pigeon; Janna Lelchuk, individually and for her minor children, Andrei Khmelev and Anton Khmelev; Alexander Ladutko; Ya Haddy Touray and Adanan Touray, individually and for their minor children, Haita Touray, Mufa Touray, Yagga Touray and Bintou Touray; and the foregoing as representatives of the class, Appellees/Cross-Appellants.

Supreme Court of Alaska.

May 25, 2001.


Attorney(s) appearing for the Case

Stephen C. Slotnick, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellant/Cross-Appellee.

Margaret D. Stock and Jeffrey Scott Moeller, Stock & Moeller, Anchorage, for Appellees/Cross-Appellants.

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


OPINION

CARPENETI, Justice.

I. INTRODUCTION

We addressed the constitutionality of exclusion of illegal aliens from permanent fund dividend (PFD) eligibility in State, Department of Revenue, Permanent Fund Dividend Division v. Cosio.1 We suggested in Cosio that there may be a class of legal aliens that has a valid constitutional challenge as to eligibility for a permanent fund dividend. This...

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