Cannone v. Noey

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The Department of Environmental Conservation (“DEC” or “State”) petitioned for review of a ruling by the superior court that an administrative decision, subsequently overturned as arbitrary, per se establishes a temporary taking. The superior court held that under the Alaska and United States Constitutions, a temporary taking had occurred, and therefore the property owners were entitled to just compensation. We reverse.

II. FACTUAL AND PROCEDURAL BACKGROUND

Stephen Noey, Helen Noey, and Pac-Rim Financial Services, a partnership (collectively referred to…