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ACT, INC. v. KENAI PENINSULA BOROUGH

Nos. S-13596, S-13883.

273 P.3d 1128 (2012)

ALLIANCE OF CONCERNED TAXPAYERS, INC., Appellant, v. KENAI PENINSULA BOROUGH, Appellee. Kenai Peninsula Borough, Appellant, v. Alliance of Concerned Taxpayers, Inc., Appellee.

Supreme Court of Alaska.

April 6, 2012.

Attorney(s) appearing for the Case

Kenneth P. Jacobus , Kenneth P. Jacobus, P.C., Anchorage, for Appellant/Appellee Alliance of Concerned Taxpayers, Inc.

Colette G. Thompson , Borough Attorney, and Holly B. Montague , Deputy Borough Attorney, Soldotna, for Appellee/Appellant Kenai Peninsula Borough.

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

OPINION

FABE, Justice.

I. INTRODUCTION

This case concerns the validity of two 2005 Kenai Peninsula Borough (Borough) ordinances: one enacted by the Borough Assembly and the second enacted by voter initiative. The Borough Assembly enacted an ordinance in June 2005 that increased the sales tax rate from two percent to three percent. Then in an October 2005 election, Borough voters passed an initiative that required prior voter approval for...

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