Alaska Supreme Court

Leta Trask, Appellant v. Ketchikan Gateway Borough, Appellee

June 17, 20112011 Alas. LEXIS 50

Summary

The court held that Trask had standing to pursue a claim alleging that the Borough's enforcement of its roof-sign ordinance violated her First Amendment rights. It further held that her counterclaim adequately alleged a constitutional violation and municipal responsibility under section 1983, even though the Borough's enforcement action was dismissed and she did not remove the message. The court reversed dismissal of the civil-rights claim, vacated the attorney-fees award, and remanded for further proceedings.