CIMM v. MUNICIPALITY OF ANCHORAGE

No. S-11345.

129 P.3d 898 (2006)

CITIZENS FOR IMPLEMENTING MEDICAL MARIJUANA and Al Anders, Appellants, v. MUNICIPALITY OF ANCHORAGE, and Greg Moyer, Clerk, Appellees.

Supreme Court of Alaska.

February 24, 2006.


Attorney(s) appearing for the Case

Kenneth P. Jacobus and Karen Bretz, Anchorage, for Appellants.

Joseph D. O'Connell, Assistant Municipal Attorney, and Frederick H. Boness, Municipal Attorney, Anchorage, for Appellees.

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


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Citizens for Implementing Medical Marijuana (CIMM) sued the Municipality of Anchorage and Municipal Clerk Greg Moyer after Clerk Moyer refused to certify CIMM's citizen initiative petition and submit its ballot proposition to municipal voters. Because we conclude that the petition is confusing and misleading and therefore legally insufficient, we affirm the superior court's summary judgment that...

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