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SWETZOF v. PHILEMONOFF

No. S-13165.

203 P.3d 471 (2009)

Phyllis SWETZOF, in her capacity as Clerk of the City of St. Paul, Alaska, and the City of St. Paul, Alaska, Appellants, v. Anthony PHILEMONOFF and Nicolai Melovidov, Appellees.

Supreme Court of Alaska.

Rehearing Granted March 31, 2009.

Attorney(s) appearing for the Case

Ronald L. Baird, Office of Ronald L. Baird, Anchorage, for Appellants.

Elisabeth H. Ross, Thomas F. Klinkner, Birch, Horton, Bittner & Cherot, Anchorage, for Appellees.

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

OPINION

MATTHEWS, Justice.

This opinion deals with the second of two proposed initiatives designed to force the City of St. Paul out of the business of selling electric power.1 In an earlier order we held that the first proposal did not meet "the enforceable as a matter of law" requirement of AS 29.26.110(a)(4)2 and authorized the city clerk to remove it from the ballot for the October 2008...

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