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TREACY v. MUNICIPALITY OF ANCHORAGE

Nos. S-9800, S-10149.

91 P.3d 252 (2004)

David Galaway TREACY, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee. Municipality of Anchorage, Appellant, v. Sam Williford, Tara Riordan, Individually and as mother of and next friend to Brenna Randall Riordan, a minor under the age of eighteen (18), Steve and Ann Treacy, individually and as parents of and next friends to David Treacy, a minor under the age of eighteen (18), Appellees.

Supreme Court of Alaska.

May 14, 2004.

Attorney(s) appearing for the Case

Mark Rindner, Lane Powell Spears Lubersky LLP, Anchorage, for Appellant David Galaway Treacy.

Hugh W. Fleischer, Law Offices of Hugh W. Fleischer, Anchorage, for Appellees Sam Williford, Tara Riordan, and Steve and Ann Treacy.

Patricia Huna-Jines, Assistant Municipal Attorney, and William A. Greene, Municipal Attorney, Anchorage, for Appellant (S-10149) and Appellee (S-9800) Municipality of Anchorage.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

This consolidated appeal challenges the juvenile curfew ordinance enacted by the Municipality of Anchorage. In one case, David Treacy appeals from a hearing officer's finding that he violated the ordinance and that the ordinance is constitutional. In a separate case, the Municipality of Anchorage appeals from a superior court determination that the ordinance is unconstitutional. We conclude that...

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