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HAYES v. MUNICIPALITY OF ANCHORAGE

No. S-10602.

46 P.3d 971 (2002)

Robert HAYES, Petitioner, v. MUNICIPALITY OF ANCHORAGE, and Clerk of the Municipal Assembly, in his official capacity, Respondents.

Supreme Court of Alaska.

May 3, 2002.

Attorney(s) appearing for the Case

Richard D. Kibby, Anchorage, for Petitioner.

William A. Greene, Municipal Attorney, Anchorage, for Respondent Municipality of Anchorage.

Thomas F. Klinkner, Birch, Horton, Bittner and Cherot, Anchorage, for Respondents Anchorage Municipal Clerk and Assembly.

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

OPINION

PER CURIAM.

I. INTRODUCTION AND PROCEDURAL BACKGROUND

Less than two weeks before the Municipality of Anchorage's impending run-off election for an assembly seat in District 5, Robert Hayes filed suit in superior court to disqualify candidate Brian Whittle from appearing on the ballot. Hayes moved for a temporary restraining order and temporary injunction to stop the May 7 election. He alleged that Whittle fails to meet the one-year...

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