Lake & Peninsula Borough Assembly, Appellant v. Daniel W. Oberlatz, Raymond "sonny" Petersen, John Holman, John C…

Summary

The court affirmed that the five voters were borough residents and qualified to vote in the relevant 2010 and 2011 elections, but vacated an order automatically qualifying them for future elections. It held that the voters asserted constitutional voting rights and therefore could be entitled to full reasonable attorney fees against the borough, while any fees awarded to individual defendants must be limited to work devoted solely to nonconstitutional claims. The court vacated the existing fee awards and remanded for reconsideration.