While the Ketchikan Gateway Borough and the State of Alaska wait for Superior Court Judge William Carey to rule on a motion for a stay in the ongoing education funding lawsuit, the borough has filed a cross appeal with the Alaska Supreme Court.
The State of Alaska filed an appeal with the Supreme Court last month, asking the high court to review Carey’s January ruling in the borough’s favor.
The borough on Monday filed its cross appeal with the Supreme Court. The January ruling agreed with the Ketchikan borough on one point – that the state’s required local contribution for public education violates the Alaska Constitution because it’s essentially a tax dedicated to one purpose. Carey didn’t give the borough everything it wanted, though.
The cross appeal asks the Supreme Court to review other points that Carey denied to the borough, including whether the borough is entitled to a refund of last year’s required local contribution – about $4.5 million.
In addition to its appeal with the Supreme Court, the state filed for a stay of Carey’s ruling while the high court reviews his decision. Carey heard arguments on the stay Friday, and at deadline Tuesday had not yet filed his decision.