The Ketchikan Gateway Borough has filed a motion with the Alaska Supreme Court asking for reconsideration of the high court’s stay of the lower court’s ruling in the education funding lawsuit.
The state lost the main point of the case in a January ruling, when Superior Court Judge William Carey decided in the Ketchikan Gateway Borough’s favor. Essentially, Carey agreed with the borough’s position that the required local contribution for public education violates the state Constitution.
Alaska Department of Law attorneys quickly filed an appeal with the Supreme Court. The high court agreed to take the case, and to put Carey’s ruling on hold until the appeal is decided.
During a scheduling hearing last week, it was determined that all briefs in the appeal would be completed by July 28, and oral arguments would be Sept. 14.
The motion for reconsideration notes that the Supreme Court’s order granting a stay pending appeal also required an “expedited” briefing schedule. The borough argues that the schedule is leisurely, rather than expedited.
According to the borough, it is required to establish a property tax rate by June 15th, and a ruling after that date will harm borough property owners. A large portion of the borough’s property tax goes to fund public schools.
The motion for reconsideration was filed on Tuesday. The court has given the state until next Wednesday to respond.