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ALASKA R.R. v. NATIVE VILLAGE OF EKLUTNA

No. S-9277.

43 P.3d 588 (2002)

ALASKA RAILROAD CORPORATION and Damco Paving Corporation, an Alaska Corporation, Appellants, v. NATIVE VILLAGE OF EKLUTNA, Lee Stephan, Anna Lowrey Curtis, and Municipality of Anchorage, Appellees.

Supreme Court of Alaska.

Rehearing Denied April 19, 2002.

Attorney(s) appearing for the Case

William S. Cummings, Ashburn & Mason, Anchorage, for Appellant Alaska Railroad Corporation.

Sara E. Heideman, Hedland, Brennan, Heideman & Cooke, Anchorage, for Appellees Native Village of Eklutna, Lee Stephan and Anna Lowrey Curtis.

William A. Greene, Deputy Municipal Attorney, and Mary K. Hughes, Municipal Attorney, Anchorage, for Appellee Municipality of Anchorage.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Damco Paving Corporation operated a commercial rock quarrying operation under a licensing agreement at the Alaska Railroad Corporation's quarry in Eklutna. The superior court enjoined its operations after the adjacent Native Village of Eklutna and several of its residents filed suit alleging that Damco was operating a quarry in violation of the applicable zoning ordinances of the Municipality...

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