FY2008-33 Concluding Lawsuit Stephens vs. KIB - FAILEDKODIAK ISLAND BOROUGH
RESOLUTION NO. FY2008 -33
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
CONCLUDING THE LAWSUIT STEPHENS VS. KODIAK ISLAND BOROUGH, ET AL,
ALASKA SUPERIOR COURT CASE NO. 3K0 -07 -266 CI
WHEREAS, a lawsuit was filed in Stephens vs. Kodiak
Court Case No. 3K0 -07 -266 CI, that challenged Sue Je
the language found in Kodiak Borough Ordinance 2.16.
WHEREAS, Plaintiff Melvin Stephens' injunct queste; t the court d r the Borough
Assembly to vacate Sue Jeffrey's seat; and
WHEREAS, the court issued an injunction
immediately vacate her assembly seat, and pr
assembly member until her seat w- acated; and
WHEREAS, the Assembly acted on court order an
meeting on December 6, 2007°, and
WHEREAS, Sue Jeffrey was
December 27, 2007- ..-0
WHEREAS, the co
WHERE e Assem
posslb at an Assemb
NOW, EFO
BOROUG
Superior Co
Defendants of t
ATTEST:
Nova M. Javier, CMC, Borough Clerk
Introduced by:
Requested by:
Drafted by:
I ntroduced:
Failed:
Asse ' Member to the vacant seat on
judg t in the case on April 4, 2008; and
ugh Ordinance 2.16.040.A.4 eliminating the
I be vacated for a similar problem in the future;
= E I SOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
issues % olved in Stephens vs. Kodiak Island Borough, et al, Alaska
No. 3KO -O° 6 CI, are moot and there will be no appeal on behalf of the
ues decided oy the court in the injunction.
THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
HIS DAY OF , 2008
KODIAK ISLAND BOROUGH
Assembly Member Abell
Assembly Member Abell
Assembly Member Abell
05/01/2008
05/01/2008
Jerome M. Selby, Borough Mayor
et al, Alaska Superior
er seat based upon
Ms. Jeffrey to
icipating as an
Jeffrey's seat at its next
Kodiak Island Borough Resolution No. FY2008 -33
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