Cutler v. Kodiak Island Borough

OPINION

WINFREE, Justice.

I. INTRODUCTION

Boroughs are statutorily authorized to provide and charge residents for garbage-collection services. The primary issue in this appeal is whether boroughs also have the implied or incidental authority to record *417a real property lien to secure payment of garbage-collection fees. We conclude they do not have that authority.

II. FACTS AND PROCEEDINGS

In 2007 Virgilio and Rosemarie Sabado hired Roger David to tear down a fire-damaged house on their property in Kodiak. In September David opened a commercial garbage account with the Kodiak Island Borough (Borough)…