The F/V Pacific Star and the F/V Topaz filed a motion for stay pending appeal of certain aspects of the February 14, 1992 order. On March 5, 1992, I denied the stay, but on reflection, have concluded that I have not properly treated the matter regarding the post-petition property taxes of the Kodiak Island Borough (KIB). In the flurry of expedited hearings and briefs, I never addressed the F/V appellants' argument that it was inappropriate to pay post-petition property taxes on the grounds that any post-petition tax lien in favor of the KIB was automatically stayed. Since the appellate court would undoubtedly remand this to me to decide, I asked the F/V appellants and the KIB if they would consent to withdrawal of the appeal on the tax issue to allow me to rule. Both parties agreed when contacted by my law clerk, and said that they would take steps to advise the appellate court since this may be necessary to revest me with jurisdiction.

      Therefore, IT IS ORDERED that payment of the 1991 and 1992 taxes scheduled to be paid in the closing of the sale to ISA shall be paid to Bradley Meyen, KIB's attorney, in trust, pending a ruling on the merits. The ultimate payment to KIB is stayed without bond until then. The F/V appellants may file an opening brief by Friday, March 20, 1992, or it may rely on the previous briefing in its "Objection to Trustee's Proposed Distribution of Sales Proceeds", Docket No. 296, filed February 4, 1992. The KIB shall have until Tuesday, March 31, 1992 to file any responding brief, or it may rely on its "Kodiak Island Borough's Opposition to Motion for Stay" attached to Docket No. 342 filed on March 6, 1992. Either party may request a hearing after that or lodge a proposed order if the matter is to be submitted without argument. Because the issue of whether a municipality is entitled to a post-petition lien is an important issue to the Municipality of Anchorage, the Fairbanks North Star Borough, and the SBA, amongst others, I will invite these municipalities and the SBA to file amicus briefs if they choose by March 31, 1992.