Legal Opinion · Dissent

Homer Electric Ass'n v. Towsley

Alaska Supreme Court

Decided November 27, 1992No. S-4563Published

1DissentCompton, Justice

I believe that this court makes three critical errors in reversing the trial court. First, it erroneously assumes that there is only one “literal interpretation” of AS 18.-60.670. Second, it disregards the admitted redundancy which will result from its interpretation. Third, it fails to construe the statute to give it the broadest safety application. For these reasons I dissent.

The plain meaning rule “provides that if a statute’s meaning is plain, it should be enforced as it reads without judicial modification or construction.” Alaska Public Employees v. Fairbanks, 753 P.2d 725, 726 n. 5…

2Cases cited9 opinions

  1. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  2. State v. AlexAlaska Supreme Court · 1982
  3. Alascom, Inc. v. North Slope Borough, Board of EqualizationAlaska Supreme Court · 1983
  4. Alaska Public Employees Ass'n v. City of FairbanksAlaska Supreme Court · 1988
  5. State of Maine v. Robert W. Fri, Etc.Court of Appeals for the First Circuit · 1973

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