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KODIAK ISLAND BOROUGH v. MAHONEY

No. S-10606.

71 P.3d 896 (2003)

KODIAK ISLAND BOROUGH and Judith A. Nielsen, Clerk, Appellants, v. Edward MAHONEY, Appellee.

Supreme Court of Alaska.

Rehearing Denied July 7, 2003.

Attorney(s) appearing for the Case

C. Walter Ebell and Walter W. Mason, Jamin, Ebell, Schmitt & Mason, Anchorage, for Appellants.

Kenneth P. Jacobus, Kenneth P. Jacobus, P.C., Anchorage, for Appellee.

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

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Edward Mahoney, a Kodiak Island Borough resident who proposed a municipal term limits ballot initiative, sought declaratory relief against the municipal clerk who refused to certify the initiative. This appeal raises the questions whether a municipal clerk may refuse to certify a proposed initiative on constitutional grounds and whether that clerk may refuse to make technical corrections to a...

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