III. CONCLUSION
Appellants requested timely a trial by a jury as a matter of right to determine the genuine issue of material fact whether the City of Fairbanks treasury is entitled to the assets of the Fairbanks Municipal Utility System and to the proceeds from the sale of the Fairbanks Municipal Utility System without justly compensating the owners of property that is located within the Fairbanks city limits that substantially contributed to the acquisition of the assets of the Fairbanks Municipal System through the payments of utility rates, etc. and that have a real stake or interest in the assets of the Fairbanks Municipal Utility System.
The trial court denied the request for a jury trial and summarily dismissed the case apparently determining without any written or verbal finding of fact and conclusion of law that the property owners have not in substantial part contributed to the assets of the Fairbanks Municipal Utility System and have no right to just compensation for the loss of their interest in the Fairbanks Municipal Utility System caused by the sale or "privatization" of the same.
Appellants argued that the trial court erred in denying the request for a jury trial as a matter of right and further erred in entering summary judgment because it lacked jurisdiction to do so as there remained genuine issues of material fact and a trial by jury was properly demanded and not expressly waived.
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 16th day of August, 1997.
____________________________
Wolfgang Falke, pro se
918 Seventh Avenue
Fairbanks, Alaska 99701
I certify that I personally will hand-delivered a true and correct copy of this document to the Office of the City Attorney that is located at 800 Cushman Street, Fairbanks, Alaska, on the 18th day of August, 1997.