Alaska Supreme Court

Ronda Marcy, Appellant v. Matanuska-Susitna Borough, Appellee.

September 28, 2018433 P.3d 1056

Summary

The Alaska Supreme Court affirmed dismissal of a borough resident's challenge to a proposed ballot initiative after voters rejected the initiative, holding that the claims seeking to prevent the initiative from appearing on the ballot or declare it unconstitutional were moot. The court also held that the superior court did not abuse its discretion in delaying the case, requesting briefing on mootness, or dismissing without findings, and that the resident received adequate opportunities to be heard. The public interest exception did not justify deciding the moot constitutional and statutory claims, and the attorney-fees award was not reviewable because the post-appeal order was not included in the appellate record.