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BROOKS v. WRIGHT

Nos. S-8676, S-8685.

971 P.2d 1025 (1999)

James W. BROOKS, former Commissioner of the Alaska Department of Fish and Game, Joel Bennett, former member of the Alaska Board of Game, and Wolf Management Reform Coalition, Appellants, v. Patrick WRIGHT, Albert W. Franzmann, Alaska Fish and Wildlife Conservation Fund, and Scientific Management of Alaska's Resource Treasures, Appellees. State of Alaska, Office of the Governor of the State of Alaska, Lieutenant Governor, Fran Ulmer, Appellant, v. Patrick Wright, Albert W. Franzmann, Alaska Fish and Wildlife Conservation Fund, and Scientific Management of Alaska's Resource Treasures, Appellees.

Supreme Court of Alaska.

January 15, 1999.

Attorney(s) appearing for the Case

Douglas Pope, Pope & Katcher, Anchorage, for Appellants James Brooks, Joel Bennett and Wolf Management Reform Coalition.

Kathleen Strasbaugh, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellant State of Alaska.

Arthur S. Robinson, Robinson, Beiswenger & Ehrhardt, Soldotna, and Brent Cole, Marston & Cole, P.C., Anchorage, for Appellees.

Michael A. Grisham, James N. Reeves, Bogle & Gates, P.L.L.C., Anchorage, for Amicus Curiae Alaska Wildlife Alliance.

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

OPINION

FABE, Justice.

I. INTRODUCTION

Various citizens and community organizations sought to remove from the ballot an initiative prohibiting use of snares to trap wolves. The superior court agreed to decertify the initiative, reasoning that the initiative process is "clearly inapplicable" to natural resource management under Article XII of the Alaska Constitution because the state's role as "trustee" over natural resources gives...

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