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BELUGA MIN. CO. v. STATE, DNR

No. S-8256.

973 P.2d 570 (1999)

BELUGA MINING COMPANY, Appellant, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, Appellee.

Supreme Court of Alaska.

February 19, 1999.

Attorney(s) appearing for the Case

Peter J. Maassen, Ingaldson Maassen, P.C., Anchorage, for Appellant.

Nathaniel B. Atwood, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before MATTHEWS, Chief Justice, and COMPTON, EASTAUGH, FABE, and BRYNER, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Beluga Mining Company held mining claims located on lands held in trust by the State for the benefit of the Alaska Mental Health Lands Trust. A preliminary injunction entered in litigation over the State's handling of the Mental Health Trust lands prevented the State from issuing mining leases on trust lands. Unable to mine its claims, Beluga abandoned them and sued the State for resulting economic...

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