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STEPHENS v. STATE

No. 1586.

501 P.2d 759 (1972)

Hadley W. STEPHENS, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

October 13, 1972.

Attorney(s) appearing for the Case

Warren W. Matthews, Jr., of Matthews, Dunn & Baily, Anchorage, for appellant.

B. Richard Edwards, Asst. Atty. Gen., John E. Havelock, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., and CONNOR, ERWIN and BOOCHEVER, JJ.

OPINION

RABINOWITZ, Chief Justice.

This appeal raises the single issue of the effect of a non-waiver provision contained in a lease of state school lands. On May 2, 1961, the Division of Lands of the State of Alaska entered into a lease agreement with appellant Hadley Stephens whereby Stephens agreed to lease certain state school lands for 55 years. The lease provided for rent of $304 per quarter, payable in advance of each quarter.

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