[Download] "State Alaska v. Jerry A. Anderson" by Supreme Court of Alaska * Book PDF Kindle ePub Free
eBook details
- Title: State Alaska v. Jerry A. Anderson
- Author : Supreme Court of Alaska
- Release Date : January 05, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
BURKE, Justice. The single question in this appeal is whether the Department of Environmental Conservation (DEC) can validly require its
approval of potential subdivision plans as a prerequisite to the recording and sale of any lots in the subdivision. Jerry
Anderson, an Alaskan land surveyor and real estate broker, filed a complaint against the DEC seeking a permanent injunction
against the enforcement of 18 AAC 72.065(e) and (f) (eff. 2/3/77; am. 3/30/85). On cross-motions for summary judgment, the
superior court found that those regulatory provisions conflict with state statutes which give boroughs the authority to approve
subdivision plats prior to recording, and that the adoption of those regulations was beyond the DEC's statutory authority.
Judge Charles Cranston issued a final judgment invalidating subsections (e) and (f) and permanently enjoining the DEC from
enforcing them. The DEC appeals. We hold that the entire regulation is valid, and thus reverse.
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