Alliance of Concerned Taxpayers, Inc. v. Kenai Peninsula Borough

OPINION

FABE, Justice.

I. INTRODUCTION

In an October 2007 election, Kenai Peninsula Borough voters approved local initiatives establishing term limits for members of the Borough Assembly and the school board. But voters also reelected five incumbents who, by the terms of the initiatives, would be ineligible to serve an additional term. The Alliance of Concerned Taxpayers (ACT) filed a lawsuit against the Borough requesting a court declaration that the initiatives applied to candidates chosen in the October 2007 election and that the seats held by the five incumbents were vacant. The Borough…