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HALO v. ANCHORAGE11/22/1996
I. INTRODUCTION
The Area G Home and Landowners' Organization, Inc. and three taxpayer-citizens (HALO, collectively) appeal the superior court's dismissal of their lawsuit. Their suit sought to prevent the Municipality of Anchorage (Municipality) from creating a new police service area that would include the area of southeast Anchorage called the Hillside. HALO alleges that in creating the new service area, the Municipality violated its own charter and ordinances as well as the equal protection guarantees in the state and federal constitutions. We affirm the superior court's decision in favor of the Municipality.
II. FACTS AND PROCEEDINGS
The Municipality was incorporated as a unified municipality in September 1975, when voters adopted by referendum its constitutional document, the Home Rule Charter for the Municipality of Anchorage (Charter). The Municipality united the previously separate cities in the Greater Anchorage Borough.
The Alaska Constitution and the Charter provide for the creation of "service areas" within the Municipality. Residents of a service area receive specific services, such as fire or police protection, and are taxed accordingly. Alaska Const., art. X, § 5; AS 29.35.450; Charter, art. IX, § 9.01; North Kenai Peninsula Road Maintenance Serv. Area v. Kenai Peninsula Borough, 850 P.2d 636, 639 (Alaska 1993). Ordinances presently in effect define over thirty-five service areas within the Municipality to provide for services such as police protection, fire protection, road maintenance, drainage, parks and recreation, and solid waste disposal. Anchorage Municipal Code (AMC) 27.30.010.610 (1996).
The Charter states twice that a service area may be created or altered only by vote "within the area affected." The section entitled "Service areas" provides:
(a) A service area may be created, altered, or abolished only with the approval of a majority of those voting on the question within the area affected. . . .
(b) The assembly by ordinance shall adopt procedures for creating, altering, abolishing and operating service areas.
Charter, art. IX, § 9.01(a) and (b). In addition, a section designated as a "Bill of Rights," provides:
This Charter guarantees rights to the people of Anchorage that are in addition to rights guaranteed by the Constitution of the United States of America and the Constitution of the State of Alaska. Among rights guaranteed by this Charter are:
(2) The right of immunity from the creation or alteration of a service area, except upon a vote within the area affected.
Charter, art. II.
The Anchorage Police Department (APD) serves the Anchorage Police Service Area (APSA), which encompasses a large portion of the Municipality. However, APSA does not include the Hillside, an area in southeast Anchorage that is bordered on the west by the New Seward Highway, on the north by O'Malley and Abbott Roads, and on the south by Potter Drive.
The Hillside is a residential area that has grown from a population of approximately 2,500 in 1975 to approximately 25,000 now. It is relatively affluent; according to Mayor Rick Mystrom, its voting population is approximately ten percent of Anchorage's, but its residential property value comprises seventeen percent of the Anchorage total.
Hillside residents do not pay for APD police service. Instead, they rely on Alaska state troopers for protection. However, Hillside residents benefit from APD services. APD provides emergency services and investigates major crimes in the Hillside. APD polices roads that border the Hillside and public institutions, such as Serv
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