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CIZEK v. CONCERNED CITIZENS OF EAGLE RIVER

No. S-10293/10294.

71 P.3d 845 (2003)

Jennifer CIZEK and Joseph Cizek, Appellants/Cross-Appellees, v. CONCERNED CITIZENS OF EAGLE RIVER VALLEY, INC., Nora Firmin, Patricia Balzarini, and Charles Balzarini, Appellees/Cross-Appellants.

Supreme Court of Alaska.

June 13, 2003.

Attorney(s) appearing for the Case

William S. Cummings, Ashburn & Mason, Anchorage, for Appellants/Cross-Appellees.

Suzanne H. Ewy, Law Offices of Suzanne H. Ewy, Barrow, for Appellees/Cross-Appellants.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Concerned Citizens of Eagle River Valley, Inc. brought suit against property owners who were seeking to have their land rezoned to permit its use as a private airstrip. After settling with one defendant on the eve of trial, Concerned Citizens prevailed at trial against the Cizeks, and the superior court awarded it $40,000 in attorney's fees. The court justified this award both as partial public...

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