Judge rules against MEA lawsuit

PALMER—On Monday, the Matanuska-Susitna Borough won a lawsuit filed against it by Wayne Carmony, General Manager of Matanuska Electric Association.

Superior Court Judge Kari Kristiansen found that former Borough Clerk Michelle McGehee had properly rejected Carmony's initiative petition last summer. The rejected petition sought to require voter approval of all land use, platting, and planning regulations that were adopted after July 1, 2007.

Under the rejected petition, recent land use laws would have taken effect, but then would have automatically expired unless approved by voters every year. Every October, MAT-SU landowners would not know which land use law would remain in effect until the day after the election. A person could be building a house according to code one day, then the next, learn all the rules changed.

On Aug. 13, 2007, then Borough Clerk Michelle McGehee rejected the petition. Among her reasons: state law specifies how questions are placed on the ballot. MEA's proposed law would have circumvented the process as outlined by the Alaska Constitution and state statute.

Reached by phone McGehee said the order was good news. "The judge made the right decision. I am happy to see the process leave something as a point of reference for other clerks in the state as they are faced with making decisions to certify initiative applications with maybe some of the same issues," McGehee said.

"It was a complicated question, and I am thankful for the great legal counsel from Borough Attorney, Nicholas Spiropoulos, in making the decision to not certify this application," she added.

In her order, Judge Kristiansen found that the proposed law does not address the substance of anything enacted, but is only concerned with their enactment. A copy of the order appears with this press release. Because the Clerk was sued in her official capacity, the case now bears the name of the current Clerk, Lonnie McKechnie.

For more information call Patty Sullivan, Public Affairs Director, (907) 745-9577.