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STATE v. SCHMIDT

No. S-14521.

323 P.3d 647 (2014)

STATE of Alaska and Municipality of Anchorage, Appellants, v. Julie A. SCHMIDT, Gayle Schuh, Julie M. Vollick, Susan L. Bernard, Fred W. Traber, and Laurence Snider, Appellees.

Supreme Court of Alaska.

April 25, 2014.

Attorney(s) appearing for the Case

Kevin M. Saxby and Lance B. Nelson , Senior Assistant Attorneys General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellant State of Alaska. Pamela D. Weiss , Assistant Municipal Attorney, and Dennis A. Wheeler , Municipal Attorney, Anchorage, for Appellant Municipality of Anchorage.

David Oesting and Roger Leishman , Davis Wright Tremaine LLP, Anchorage, and Thomas Stenson and Leslie Cooper , ACLU of Alaska Foundation, Anchorage, for Appellees.

Before: FABE, Chief Justice, WINFREE, STOWERS, and MAASSEN, Justices, and EASTAUGH, Senior Justice.

OPINION

EASTAUGH, Senior Justice.

I. INTRODUCTION

The State of Alaska and the Municipality of Anchorage exempt from municipal property taxation $150,000 of the assessed value of the residence of an owner who is a senior citizen or disabled veteran. But the full value of the exemption is potentially unavailable if a person who is not the owner's spouse also occupies the residence. Contending that the exemption program violates their rights...

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