The Oral Argument for this case will be heard
in the Alaska Supreme Court in
Fairbanks on March 13, 1998 at 11:15AM

This brief can be accessed through its Table of Contents
or downloaded as a Word for Windows document (while pressing the "Shift" key click here).

IN THE SUPREME COURT OF THE STATE OF ALASKA
Wolfgang Falke, )
)
Appellant, )
)

vs.

)

)
City of Fairbanks Council, et al, )

) Supreme Court Case NO. S-08021

Appellee.

)

) Trial Court Case # 4FA-96-02423CI

 

APPEAL FROM THE SUPERIOR COURT

OF THE STATE OF ALASKA, FOURTH JUDICIAL DISTRICT

NIESJE J. STEINKRUGER, JUDGE

REPLY BRIEF OF APPELLANTS

 

__________________
Wolfgang Falke,
Appellant,
918 Seventh Avenue,
Fairbanks, Ak. 99701

Filed in the Supreme Court
of the State of Alaska the
_______ day of November, 1997.

By: ____________________

(Deputy Clerk)

TABLE OF CONTENTS

 

Table of Cases and Authorities

Books

Court Rules

Constitutional Provisions

Home Rule Charter for the City of Fairbanks, Alaska .

Alaska Statutes

STATEMENT OF CASE I. OBJECTION TO APPELLEES' STATEMENT OF CASE
  1. Appellees must not be allowed to refer to themselves as "the City" as they do in their Brief of the Appellees, they may refer to themselves as "the Council" or "the City Council"
  2. Appellants or plaintiffs did not seek to stop the sale of FMUS , they objected to the taking of the proceeds from the sale for a different public purpose without being justly compensated for their investment in the assets of FMUS as demanded by the Alaska Constitution, Article I, Section 18, seeking injunctive relief on the legal grounds to stop the sales proceedings until they comply with the constitutional mandate.
  3. Appellees failed to note that the appellants filed a Reply to to their opposition for the request of a jury trial.
A R G U M E N T
I. SUMMARY OF ARGUMENT

II. THE CITY COUNCIL IS MISTAKEN IN THEIR ASSERTION THAT APPELLANTS ARE NOT ENTITLED TO A JURY TRIAL ON THE GROUNDS THAT THEY PURPORTEDLY SEEK INJUNCTIVE RELIEF ONLY.

III. THERE REMAINED GENUINE ISSUES OF MATERIAL FACT AND A TRIAL BY JURY WAS TIMELY DEMANDED AND NOT WAIVED AND THEREFORE THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT

IV. CONCLUSION

 

 

Wolfgang Falke v.
City of Fairbanks Council, et al,
Brief of Appellant, S-08021