Fairbanks North Star Borough v. State

OPINION

BURKE, Justice.

This case is before us for the second time on appeal. In State v. Fairbanks North Star Borough, 736 P.2d 1140, 1140-41 (Alaska 1987) (Fairbanks I), we affirmed the superior court’s decision holding unconstitutional the governor’s impoundment of certain legislative appropriations under the authority of AS 37.07.080(g). We concluded that that statute permitted the governor so much discretion as to amount to an unconstitutional delegation of legislative power to the executive branch. Id. at 1142-44. As a result of our decision, the governor’s Administrative Orders, 1 which…