Price v. Kenai Peninsula BoroughAnnotate this Case
Appellant James Price appealed a superior court order affirming the Kenai Peninsula Borough Clerk's rejection of his ballot referendum application. The proposed referendum would have repealed Borough Ordinance 2008-28, which authorized the general law cities within the Borough to tax non-prepared food items on a year-round basis. The Borough Clerk and the superior court rejected the application on the ground that it violated AS 29.26.100's prohibition on local or special legislation. After review, the Supreme Court concluded that the referendum did not violate the prohibition on local or special legislation and would be enforceable if passed. Accordingly, the Court reversed.