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NATIVE VILLAGE OF EKLUTNA v. ALASKA R.R.

Nos. S-10270, S-10279.

87 P.3d 41 (2004)

NATIVE VILLAGE OF EKLUTNA, Appellant, v. ALASKA RAILROAD CORPORATION and Municipality of Anchorage, Appellees. Municipality of Anchorage, Cross-Appellant, v. Alaska Railroad Corporation, Cross-Appellee.

Supreme Court of Alaska.

Rehearing Denied April 16, 2004.

Attorney(s) appearing for the Case

Sara E. Heideman, Hedland, Brennan, Heideman & Cooke, Anchorage, for Appellant.

William S. Cummings, Ashburn & Mason, Anchorage, for Appellee/Cross-Appellee Alaska Railroad Corporation.

William W. Whitaker, Assistant Municipal Attorney, and William A. Green, Municipal Attorney, Anchorage, for Appellee/Cross-Appellant Municipality of Anchorage.

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

OPINION

FABE, Chief Justice.

I. INTRODUCTION

This is the third appeal arising out of the Alaska Railroad Corporation's quarry operations on culturally significant land adjacent to the Native Village of Eklutna, which lies within the boundaries of the Municipality of Anchorage. Eklutna sought a preliminary injunction to enjoin the Railroad from blasting and all other quarry activities, arguing that the Railroad does not have a conditional...

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