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CITIZENS FOR THE PRESERVATION v. SHEFFIELD

Nos. S-2216, S-2244.

758 P.2d 624 (1988)

The CITIZENS FOR THE PRESERVATION OF THE KENAI RIVER, INC., Appellant/Cross-Appellee, v. William SHEFFIELD, Governor, State of Alaska; State of Alaska, Department of Natural Resources; Esther Wunnicke, Commissioner, Department of Natural Resources, Appellees/Cross-Appellants.

Supreme Court of Alaska.

July 22, 1988.

Attorney(s) appearing for the Case

Wayne Anthony Ross, Ross, Gingras, Bailey & Miner, Anchorage, for appellant/cross-appellee.

Michael J. Frank and Kenneth C. Powers, Asst. Attys. Gen., Anchorage, and Grace Berg Schaible, Atty. Gen., Juneau, for appellees/cross-appellants.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

MOORE, Justice.

The Citizens for the Preservation of the Kenai River, Inc. (CPKR) challenged the validity of a state regulation promulgated by the Department of Natural Resources (DNR) that prohibits the operation of boats with motors of more than 35 horsepower on the Kenai River. See 11 AAC 20.860 (eff. 5/11/85; am. 4/25/86). The superior court granted summary judgment to the State. The court denied...

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