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R & Y, INC. v. MUNICIPALITY OF ANCHORAGE

Nos. S-9315, S-9435.

34 P.3d 289 (2001)

R & Y, INC., and Josef Ressel, Appellants/Cross-Appellees, v. MUNICIPALITY OF ANCHORAGE, Appellee/Cross-Appellant.

Supreme Court of Alaska.

September 7, 2001.

Attorney(s) appearing for the Case

Lawrence V. Albert, Anchorage, for Appellants/Cross-Appellees.

Steven S. Tervooren, Hughes Thorsness Powell Huddleston & Bauman, LLC, Anchorage, for Appellee/Cross-Appellant.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Article I, section 18 of the Alaska Constitution provides that "[p]rivate property shall not be taken or damaged for public use without just compensation." Did the Municipality of Anchorage (MOA) "take" or "damage" property near Blueberry Lake in protected wetlands when it restricted development in a twenty-foot-wide setback band that began eighty feet from the lake's shoreline, decreasing...

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