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ACT. INC. v. KENAI PENINSULA BOROUGH

No. S-13594.

273 P.3d 1123 (2012)

ALLIANCE OF CONCERNED TAXPAYERS, INC., Appellant v. KENAI PENINSULA BOROUGH and Kenai Peninsula Borough School District, Appellees.

Supreme Court of Alaska.

April 6, 2012.

Attorney(s) appearing for the Case

Kenneth P. Jacobus , Kenneth P. Jacobus, P.C., Anchorage, for Appellant.

Colette G. Thompson , Borough Attorney, Soldotna, for Appellees.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

In an October 2007 election, Kenai Peninsula Borough voters approved local initiatives establishing term limits for members of the Borough Assembly and the school board. But voters also reelected five incumbents who, by the terms of the initiatives, would be ineligible to serve an additional term. The Alliance of Concerned Taxpayers (ACT) filed a lawsuit against...

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