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CANNONE v. NOEY

No. S-5669.

867 P.2d 797 (1994)

Robert CANNONE and William Lamoureaux, individually, and the Department of Environmental Conservation, State of Alaska, Petitioners, v. Stephen W. NOEY, Helen H. Noey, and Pac-Rim Financial Services, a partnership, Respondents.

Supreme Court of Alaska.

February 4, 1994.

Attorney(s) appearing for the Case

James E. Cantor, Asst. Atty. Gen., Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for petitioners.

Mark S. Bledsoe, Bledsoe & Knutson, Anchorage, for respondents.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The Department of Environmental Conservation ("DEC" or "State") petitioned for review of a ruling by the superior court that an administrative decision, subsequently overturned as arbitrary, per se establishes a temporary taking. The superior court held that under the Alaska and United States Constitutions, a temporary taking had occurred, and therefore the property owners were entitled...

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