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PETITIONERS v. LOCAL BOUNDARY COM'N

No. S-12376.

186 P.3d 571 (2008)

PETITIONERS FOR the DISSOLUTION OF the CITY OF SKAGWAY AND INCORPORATION OF A SKAGWAY BOROUGH, Appellant, v. LOCAL BOUNDARY COMMISSION, Appellee.

Supreme Court of Alaska.

July 3, 2008.

Attorney(s) appearing for the Case

Robert P. Blasco, Robertson, Monagle & Eastaugh, Juneau, for Appellant.

Michael G. Mitchell, Assistant Attorney General, Anchorage, Talis J. Colberg, Attorney General, Juneau, for Appellee.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Petitioners appeal the superior court's ruling that they do not qualify as public interest litigants and thus cannot invoke an exception to the attorney's fee schedule set forth in Alaska Civil Rule 82. The exception does not apply if the suit was or could have been brought by a public entity. Here, the City of Skagway could have brought — and, through Petitioners, evidently did...

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