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SHORT v. OFFICE OF MANAGEMENT & BUDGET

Supreme Court No. S-18333.

520 P.3d 142 (2022)

Madilyn SHORT, Riley Von Borstel, Kjrsten Schindler, and Jay-Mark Pascua, Appellants, v. State of Alaska, OFFICE OF MANAGEMENT & BUDGET and Department of Administration; and Governor Michael J. Dunleavy, in an official capacity, Appellees.

Supreme Court of Alaska.

Rehearing Granted in Part November 4, 2022.

Attorney(s) appearing for the Case

Jahna M. Lindemuth , Scott M. Kendall , and Samuel G. Gottstein , Cashion Gilmore & Lindemuth, Anchorage, for Appellants.

Katherine Demarest and Margaret Paton Walsh , Assistant Attorneys General, Anchorage, and Treg R. Taylor , Attorney General, Juneau, for Appellees.

Kevin Cuddy , James E. Torgerson , and Connor R. Smith , Stoel Rives LLP, Anchorage, for Amicus Curiae Alaska Legislative Council.

Before: Winfree, Chief Justice, Maassen, Carney, Borghesan, and Henderson, Justices.

OPINION

I. INTRODUCTION

Alaska's annual budgetary "sweep" is a constitutionally mandated process requiring certain unappropriated funds to be placed in the Constitutional Budget Reserve (CBR), akin to a State savings account. A decade ago the Legislature created and funded the Higher Education Investment...

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