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SEWARD CHAPEL, INC. v. CITY OF SEWARD

No. 5729.

655 P.2d 1293 (1982)

SEWARD CHAPEL, INC., Thomas Reese, Barry Hildebrand, Michael Van Deusen, Leslie Dooley, May Dooley and Conrad Oberg, Appellants, v. CITY OF SEWARD, Alaska and Kenai Peninsula Borough, Appellees.

Supreme Court of Alaska.

November 26, 1982.

Attorney(s) appearing for the Case

Richard W. Garnett, III, Erwin, Smith & Garnett, Anchorage, for appellants.

Kenneth P. Jacobus and James F. Klasen, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, for appellees.

Before BURKE, C.J., and RABINOWITZ, CONNOR, MATTHEWS and COMPTON, JJ.

OPINION

RABINOWITZ, Justice.

I. OVERVIEW

This appeal presents a zoning dispute of constitutional magnitude between Seward Chapel, Inc.1 and the City of Seward.2 The principal issue on appeal is whether the federal or Alaska constitutions, or both, compel the city to allow Seward Chapel to operate a parochial school in its church building notwithstanding a zoning ordinance which excludes...

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