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FAIRBANKS NORTH STAR BOROUGH v. ICHRRA

No. S-11612.

137 P.3d 289 (2006)

FAIRBANKS NORTH STAR BOROUGH, Appellant, v. INTERIOR CABARET, HOTEL, RESTAURANT & RETAILERS ASSOCIATION, Appellee.

Supreme Court of Alaska.

June 9, 2006.

Attorney(s) appearing for the Case

Joseph W. Miller, Assistant Borough Attorney, and René Broker, Borough Attorney, Fairbanks, for Appellant.

Peter J. Aschenbrenner, Aschenbrenner Law Offices, Inc., Fairbanks, for Appellee.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider here whether a nonprofit industry trade association that unsuccessfully challenged a proposed sales tax qualifies as a public interest litigant for purposes of avoiding an Alaska Civil Rule 82 award of attorney's fees. Because all of the association's members have some commercial interest in the sale of alcoholic beverages, and because they had some financial interest in defeating a...

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