State v. Kluti Kaah Native Village of Copper Center

OPINION

BURKE, Justice.

We granted this emergency petition to review the superior court’s issuance of a preliminary injunction which, essentially, replaced the State Board of Game’s seven day general moose hunt with a twenty-six day subsistence hunt for residents of the Kluti Kaah Native Village of Copper Center. The state contends that the superior court misapplied the “balance of hardships” test in issuing the injunction and, generally, overstepped its authority. Kluti Kaah responds that the court’s equitable powers were properly invoked to protect them from an illegal regulation and that the…