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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 65. Actions, Immunities, Defenses, and Duties
- Section 70. Suits Against Incorporated Units of Local Government.
previous: Section 60
. [Renumbered as AS 09.68.060
next: Section 80
. Suits By Incorporated Units of Local Government.
AS 09.65.070. Suits Against Incorporated Units of Local Government.
- (a) Except as provided in this section, an action may be maintained against a municipality in its corporate character and
within the scope of its authority.
- (b) A municipality may not require a person to post bond as a condition to bringing a cause of action against it.
- (c) An action may not be maintained against an employee or member of a fire department operated and maintained by a
municipality or village if the claim is an action for tort or breach of a contractual duty and is based upon the act or
omission of the employee or member of the fire department in the execution of a function for which the department is
- (d) An action for damages may not be brought against a municipality or any of its agents, officers, or employees if the
- (1) is based on a failure of the municipality, or its agents, officers, or employees, when the municipality is neither
owner nor lessee of the property involved,
- (A) to inspect property for a violation of any statute, regulation, or ordinance, or a hazard to health or safety;
- (B) to discover a violation of any statute, regulation, or ordinance, or a hazard to health or safety if an inspection of
property is made; or
- (C) to abate a violation of any statute, regulation, or ordinance, or a hazard to health or safety discovered on property
- (2) is based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty by a
municipality or its agents, officers, or employees, whether or not the discretion involved is abused;
- (3) is based upon the grant, issuance, refusal, suspension, delay, or denial of a license, permit, appeal, approval,
exception, variance, or other entitlement, or a rezoning;
- (4) is based on the exercise or performance during the course of gratuitous extension of municipal services on an
- (5) is based upon the exercise or performance of a duty or function upon the request of, or by the terms of an agreement
or contract with, the state to meet emergency public safety requirements; or
- (6) is based on the exercise or performance of a duty in connection with an enhanced 911 emergency system and is not based
on an intentional act of misconduct or on an act of gross negligence.
- (e) In this section
- (1) "municipality" has the meaning given in AS 01.10.060
and includes a public corporation established by a municipality;
- (2) "village" means an unincorporated community where at least 25 people reside as a social unit.
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