Legal Opinion

Native Village of Eklutna v. Alaska Railroad

Alaska Supreme Court

Decided March 12, 2004No. S-10270, S-10279PublishedCited by 17 opinions

1Opinion of the Court

OPINION

FABE, Chief Justice.

I. INTRODUCTION

This is the third appeal arising out of the Alaska Railroad Corporation's quarry operations on culturally significant land adjacent to the Native Village of Eklutna, which lies within the boundaries of the Municipality of Anchorage. Eklutna sought a preliminary injunction to enjoin the Railroad from blasting and all other quarry activities, arguing that the Railroad does not have a conditional use permit to operate a gravel pit in that area as Anchorage Municipal Code (AMC) 2140.240(D)(4) requires. The Municipality of Anchorage intervened as a…

2Cases cited52 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  3. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  4. Retail Clerks International Ass'n, Local 1625 v. SchermerhornSupreme Court of the United States · 1963
  5. City of New Orleans v. Board of Com'rsSupreme Court of Louisiana · 1994

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3Cited by17 opinions

  1. State, Department of Commerce, Community & Economic Development, Division of Insurance v. Progressive Casualty Insurance Co.Alaska Supreme Court · 2007
  2. State v. DupierAlaska Supreme Court · 2005
  3. Kinegak v. State, Department of CorrectionsAlaska Supreme Court · 2006
  4. State, Department of Corrections v. HeiseyAlaska Supreme Court · 2012
  5. Raymond Dapo v. State of Alaska, Office of Children's Services and Taun LucasAlaska Supreme Court · 2019

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