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FOSTER v. STATE, DEPT. OF TRANSP.

No. S-9720.

34 P.3d 1288 (2001)

Evelynn C. FOSTER, Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Alaska.

November 16, 2001.

Attorney(s) appearing for the Case

Richard A. Weinig, Pletcher, Weinig, Fisher & Dennis, Anchorage, for Appellant.

E. John Athens, Jr. and Paul R. Lyle, Assistant Attorneys General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The superior court dismissed for lack of subject matter jurisdiction Evelynn Foster's trespass claim against the State of Alaska.1 Because adjudicating Foster's claim would have required the superior court to determine the scope of an easement on Foster's Native allotment, and because state courts lack jurisdiction to adjudicate...

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