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LAKE & PENINSULA BOROUGH v. OBERLATZ

Nos. S-14945, S-15055.

329 P.3d 214 (2014)

LAKE & PENINSULA BOROUGH ASSEMBLY, Appellant, v. Daniel W. OBERLATZ, Raymond "Sonny" Petersen, John Holman, John C. Gillam, and Robert B. Gillam, Appellees. Daniel W. Oberlatz, Raymond "Sonny" Petersen, John Holman, John C. Gillam, and Robert B. Gillam, Appellants, v. Lake & Peninsula Borough Assembly, and, in their individual and official capacities, Borough Mayor Glen Alsworth, Sr., Borough Assembly Members Lorene "Sue" Anelon, Lynn Carlson, Myra Olsen, and Randy Alvarez, and Borough Clerk Kate Conley, Appellees.

Supreme Court of Alaska.

July 11, 2014.

Attorney(s) appearing for the Case

Gary A. Zipkin , Guess & Rudd P.C., Anchorage, for Appellant/Appellee Lake and Peninsula Borough and Appellees Alsworth, Anelon, Carlson, Olsen, Alvarez, and Conley.

Timothy A. McKeever and Scott Kendall , Holmes Weddle & Barcott, P.C., Anchorage, for Appellees/Appellants Oberlatz, Petersen, Holman, J. Gillam, and R. Gillam.

Before: WINFREE, STOWERS, and BOLGER, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

Five voters each maintain a home in a borough and a home outside that borough. Two of the voters voted in the borough's 2010 election. All five voters voted in the borough's 2011 election. Although each voter was registered to vote in the borough, the borough's canvassing committee rejected the voters' ballots in each election on the ground that the voters were not borough residents. The voters appealed...

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