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KETCHIKAN GATEWAY v. KETCHIKAN INDIAN CORP.

No. S-10332.

75 P.3d 1042 (2003)

KETCHIKAN GATEWAY BOROUGH and Ketchikan Gateway Borough Board of Equalization, Appellants, v. KETCHIKAN INDIAN CORPORATION, Appellee.

Supreme Court of Alaska.

August 15, 2003.

Attorney(s) appearing for the Case

Scott A. Brandt-Erichsen, Borough Attorney, Ketchikan, for Appellants.

Jahna M. Lindemuth, Dorsey & Whitney LLP, Anchorage, for Appellee.

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

OPINION

MATTHEWS, Justice.

The superior court applied the implied federal preemption doctrine to exempt from borough taxes all space in a building that contains a tribally operated clinic that is subject to detailed oversight by the Indian Health Service. The narrow question presented here is whether space in the building that is not committed to use by the clinic should be exempt. We answer in the negative because such space is not necessarily part...

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