NEWMONT ALASKA LTD. v. McDOWELL

Nos. S-9323, S-9333.

22 P.3d 881 (2001)

NEWMONT ALASKA LIMITED, Appellant, v. Donald James McDOWELL; Erik Hansen; Estate of John Regan; and Great American Minerals Exploration, Inc., Appellees. State of Alaska, Department of Natural Resources, Appellant, v. Donald James McDowell; Eric Hansen; Estate of John Regan; and Great American Minerals Exploration, Inc., Appellees.

Supreme Court of Alaska.

Rehearing Denied July 3, 2001.


Attorney(s) appearing for the Case

Joseph J. Perkins, Jr. and Barbara F. Fullmer, Guess & Rudd, P.C., Anchorage, for Appellant Newmont Alaska Limited.

Louis Agi, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellant State of Alaska.

James N. Reeves, Dorsey & Whitney, LLP, Anchorage, for Appellees.

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


OPINION

FABE, Chief Justice.

I. INTRODUCTION

Mining claimants who miss rent deadlines automatically lose their claims. But claimants whose rent is "deficient but otherwise timely paid" are entitled to notice and an opportunity to cure the deficiency under AS 38.05.265. Jerry Clay owed two years' rent simultaneously. He paid an amount equal to the first year's rent plus four hundred dollars...

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