Alaska Wildlife Alliance v. State

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The day after the superior court dismissed a complaint filed by public interest litigants, a second, substantially identical, complaint was filed. The superior court dismissed the second complaint on res judicata grounds, and awarded attorney's fees against the public interest litigants because it found the complaint was frivolous and brought in bad faith. We affirm the res judicata dismissal of the second complaint because we hold that the dismissal of the first complaint under Alaska Civil Rule 12(b)(6) was a decision on the merits. But we reverse the…