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NORTH SLOPE BOR. v. LeRESCHE

No. 3275.

581 P.2d 1112 (1978)

NORTH SLOPE BOROUGH, Appellant, v. Robert LeRESCHE, Commissioner of Alaska Department of Natural Resources, Michael C.T. Smith, Director, Division of Lands, Alaska Department of Natural Resources and the State of Alaska, Appellees.

Supreme Court of Alaska.

August 4, 1978.

Attorney(s) appearing for the Case

Charles K. Cranston, Gallagher, Cranston & Snow, Anchorage, for appellant.

Rodger W. Pegues, Asst. Atty. Gen., Avrum M. Gross, Atty. Gen., Juneau, for appellees.

J.W. Sedwick, Burr, Pease & Kurtz, Anchorage, for Matanuska-Susitna Borough, Robert L. Hartig, Cole, Hartig, Rhodes, Norman & Mahoney, Anchorage, for Kodiak Island Borough, amici curiae.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR, BURKE and MATTHEWS, Justices.

OPINION

MATTHEWS, Justice.

Under Alaska law1 a borough or city may select ten percent of the "vacant, unappropriated, unreserved state land located within its boundaries." On May 29, 1973, the North Slope Borough filed applications to select state lands which overlay the Prudhoe Bay oil field.2 After a delay of seven months,3 the applications were rejected by

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