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CABANA v. KENAI PENINSULA BOROUGH

Nos. S-9377, S-9497.

21 P.3d 833 (2001)

Doris CABANA, Viola Jerrell, and Nancy Hillstrand, Appellants/Cross-Appellees, v. KENAI PENINSULA BOROUGH, and Kenai Peninsula Borough Assembly, Appellees/Cross-Appellants.

Supreme Court of Alaska.

April 27, 2001.

Attorney(s) appearing for the Case

Robert C. Erwin, Roberta C. Erwin, Erwin & Erwin, LLC, Anchorage, for Appellants/Cross-Appellees.

Holly B. Montague, Assistant Borough Attorney, Colette G. Thompson, Borough Attorney, Soldotna, for Appellees/Cross-Appellants.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

After Doris Cabana appealed the Kenai Peninsula Borough Assembly's decision to classify a parcel of municipal land as light industrial, Superior Court Judge Harold Brown held that the Borough Assembly's decision was a legislative one and so dismissed Cabana's appeal on jurisdictional grounds. Judge Brown found that Cabana was a public interest litigant, however, and denied the Borough's motion...

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