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CUTLER v. KODIAK ISLAND BOROUGH

No. S-14215.

290 P.3d 415 (2012)

Cedric CUTLER, Appellant, v. KODIAK ISLAND BOROUGH, Appellee.

Supreme Court of Alaska.

December 21, 2012.

Attorney(s) appearing for the Case

Melvin M. Stephens, II , Kodiak, and Jill C. Wittenbrader , Law Office of Jill Wittenbrader, Kodiak, for Appellant.

Matthew Singer and Cheryl Mandala , Jermain Dunnagan & Owens, P.C., Anchorage, for Appellee.

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

OPINION

WINFREE, Justice.

I. INTRODUCTION

Boroughs are statutorily authorized to provide and charge residents for garbage-collection services. The primary issue in this appeal is whether boroughs also have the implied or incidental authority to record a real property lien to secure payment of garbage-collection fees. We conclude they do not have that authority.

II. FACTS AND PROCEEDINGS...

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