Alaska International Construction, Inc. v. Earth Movers of Fairbanks, Inc.

COMPTON, Justice, with whom

BURKE, Justice, joins, dissenting.

I dissent for the following reasons. First, I believe an “abuse of discretion” standard of review is inapplicable to this case. The proper standard is “substitution of judgment.” Second, even if “abuse of discretion” is applicable, I believe the agency abused its discretion.

I. SUBSTITUTION OF JUDGMENT

Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971), describes two different standards of review applicable for administrative decisions. One involves “complex subject matter or fundamental policy formulations.” The court held that this type…