CITY OF HOMER v. STATE, DEPT. OF NAT. RESOURCES

No. 3009.

566 P.2d 1314 (1977)

CITY OF HOMER, Appellant, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, and Charles F. Herbert, Commissioner of Natural Resources, and Mary Jane Hillstrand, Appellees.

Supreme Court of Alaska.

July 22, 1977.


Attorney(s) appearing for the Case

A. Robert Hahn, Jr., of Hahn, Jewell & Stanfill, Anchorage, for appellant.

W.C. Arnold and R. Eldridge Hicks, Anchorage, for appellees.

Before BOOCHEVER, C.J., RABINOWITZ, CONNOR and BURKE, JJ., and DIMOND, J. Pro Tem.


OPINION

DIMOND, Justice Pro Tem.

This appeal concerns competing claims by the parties to certain tidelands located off the Homer Spit, at Homer, Alaska. At the time this controversy arose, the State of Alaska held title to the tidelands.

Because the acquisition of this property by the State of Alaska was subject to certain conditions, some of which are operative on the facts in this case, it is appropriate...

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