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CHALOVICH v. STATE, DNR

No. S-10977.

104 P.3d 125 (2004)

Tom CHALOVICH, Appellant, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, Tom Irwin, Commissioner, and Harold F. Parker, Appellees.

Supreme Court of Alaska.

December 30, 2004.

Attorney(s) appearing for the Case

J.P. Tangen, Anchorage, for Appellant.

Lawrence Z. Ostrovsky, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellee State of Alaska.

Harold F. Parker, pro se, Anchorage.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Tom Chalovich appeals a final decision by the Department of Natural Resources (DNR) finding that he abandoned his state mining claims by failing to timely make a payment in lieu of annual labor as required by 11 Alaska Administrative Code (AAC) 86.220(h). Chalovich attacks the validity of this regulation on the grounds that it is inconsistent with the Alaska Land Act,1

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