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BARTEK v. STATE, DNR, DIV. OF FORESTRY

Nos. S-9084, S-9263.

31 P.3d 100 (2001)

Stephen A. BARTEK, Philip W. Hill, Ed Paquette, Anna Von Reitz, Franchesca M. Cogdill, Bert Kleinenberg, and Marlon R. Williams, Appellants/Cross-Appellees, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY, Appellee/Cross-Appellant.

Supreme Court of Alaska.

September 21, 2001.

Attorney(s) appearing for the Case

Peter Gruenstein and Daniel Hickey, Gruenstein & Hickey, Anchorage, and John H. Hinderaker and Gerard M. Nolting, Faegre & Benson, LLP, Minneapolis, MN, for Appellants and Cross-Appellees.

William F. Morse, Robert A.K. Doehl, and Gary M. Guarino, Assistant Attorneys General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, and Donna M. Meyers and Megan R. Ludwig, Delaney, Wiles, Hayes, Gerety, Ellis & Young, Inc., Anchorage, for Appellee and Cross-Appellant.

Before FABE, Chief Justice, MATTHEWS, and CARPENETI, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

In June 1996 the Miller's Reach Fire burned over 37,000 acres in the Matanuska/Susitna Valley. The State, Department of Natural Resources, Division of Forestry responded to the initial fire and took control of firefighting operations from the local fire departments on the scene. A group of landowners who suffered damage to their homes and property...

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