The trial court erred in entering summary judgment. Appellants paid in substantial part for the assets of FMUS and they made the operation of FMUS possible by guaranteeing with their property for payments of the obligations and liabilities of FMUS. The City Council denies these facts that are material and essential elements in establishing that private funds are invested in the FMUS that are taken from the appellants without just compensation and applied to another public use, namely a permanent fund, in violation of the fundamental right expressed in the Alaska Constitution, Article I, Section 18, and that therefore necessarily preclude the granting of summary judgment.
The "approval by the electorate" of the FMUS sale cannot amend the Alaska Constitution, Article I, Section 18, and deny the minority of that moment, namely the appellants and all others similarly situated, their fundamental right to just compensation for the interest in assets of FMUS that are applied to another public use by the City Council. Further, the assets of FMUS are exempt from being taken or applied to any other public use without compensation being made to those that "may properly be said to have an interest" in the FMUS assets, namely the appellants and all others similarly situated. Coley, supra.
Appellants respectfully request the Supreme Court to reverse the trial court’s decisions and to remand the matter for trial by a jury.
Respectfully submitted this 10th day of November, 1997.
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Wolfgang Falke, pro se
918 Seventh Avenue
Fairbanks, Alaska 99701