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STEVENS v. MATANUSKA-SUSITNA BOROUGH

Nos. A-9134, A-9391.

146 P.3d 3 (2006)

Robert STEVENS Jr., Appellant, v. MATANUSKA-SUSITNA BOROUGH, Appellee.

Court of Appeals of Alaska.

Rehearing Denied July 28, 2006.

Attorney(s) appearing for the Case

Chadwick P. McGrady, Law Office of Chadwick McGrady, P.C., Palmer, for Appellant.

Nicholas Spiropoulos, Assistant Borough Attorney, and Teresa S. Williams, Borough Attorney, Palmer, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

COATS, Chief Judge.

This case involves a noise ordinance enacted by the Matanuska-Susitna Borough in May 2004 after homeowners complained that their sleep was being disturbed by amplified music coming from the Fish Heads Bar and Grill on the Palmer-Wasilla Highway. Robert Stevens Jr. owns that business, which abuts a residential subdivision.

Shortly after the ordinance was enacted, Stevens was...

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