Legal Opinion
State v. Native Village of Nunapitchuk
Alaska Supreme Court
Decided April 20, 2007No. S-11525, S-11745PublishedCited by 55 opinions
1Opinion of the Court
OPINION
MATTHEWS, Justice.
I. INTRODUCTION
Challenged in these cases is an act of the 2003 Legislature (HB 145) 1 that modifies the public interest litigant exception 2 to Alaska Civil Rule 82. 3 Although the legislature has the authority to change the civil rules, it may only do so by a two-thirds vote of the members of each house. HB 145 was not passed by these margins. The superior court in each case held that HB 145 was invalid because it changes Rule 82 without the required super-majority vote.
We conclude that the act is valid because it does not change either the text or a judicial…
2Cases cited46 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Malvo Ex Rel. Malvo v. J. C. Penney Co.Alaska Supreme Court · 1973
- Gilbert v. StateAlaska Supreme Court · 1974
- Matanuska Maid, Inc. v. StateAlaska Supreme Court · 1980
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3Cited by55 opinions
- Alaska Rent-A-Car, Inc. v. Avis Budget Group, Inc.Court of Appeals for the Ninth Circuit · 2013
- Monmouth Meadows Homeowners Ass'n v. HamiltonCourt of Appeals of Maryland · 2010
- Alaska Public Interest Research Group v. StateAlaska Supreme Court · 2007
- Nelson v. Municipality of AnchorageAlaska Supreme Court · 2011
- Rhodes v. ErionAlaska Supreme Court · 2008
50 more not listed; retrieve them via the Exa API.