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CITY OF KENAI v. FRIENDS OF RECREATION CTR.

No. S-11506.

129 P.3d 452 (2006)

CITY OF KENAI, an Alaska municipal corporation, Appellant, v. FRIENDS OF the RECREATION CENTER, INC., an Alaska corporation, Mark Necessary, Anita Necessary, and Clifford D. Massie, Individually, Appellees.

Supreme Court of Alaska.

February 17, 2006.

Attorney(s) appearing for the Case

Cary R. Graves, City Attorney, Kenai, for Appellant.

John E. Havelock, John E. Havelock Attorney at Law, Anchorage, for Appellees.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Was it error to award full reasonable attorney's fees to public interest litigants who sued the City of Kenai? They claimed that awarding a contract to manage the city's recreation center without competitive bidding violated the city's code. The superior court entered a preliminary injunction preventing the city from using public funds to pay the manager, but later dismissed the suit as moot after...

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