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FANNON v. MATANUSKA-SUSITNA BOROUGH

Nos. S-12576, S-12596.

192 P.3d 982 (2008)

Nola Bragg and Link FANNON, Appellants and Cross-Appellees, v. MATANUSKA-SUSITNA BOROUGH, Appellee and Cross-Appellant.

Supreme Court of Alaska.

August 29, 2008.

Attorney(s) appearing for the Case

Kenneth P. Jacobus, Kenneth P. Jacobus, P.C., Anchorage, for Appellants/Cross-Appellees.

Nicholas Spiropoulos, Borough Attorney, Palmer, for Appellee/Cross-Appellant.

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

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Nola Bragg and Link Fannon, residents of the Matanuska-Susitna Borough, appeal the superior court's order upholding the legality of the Borough's tax on cigarettes and other tobacco products. They argue (1) that under AS 29.35.170, the Borough lacks authority to levy an excise tax or any other type of duty apart from "property, sales, and use taxes"; and (2) that to the extent that the Borough...

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