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ALASKA RAILROAD v. NATIVE VILL. OF EKLUTNA

No. S-11619.

142 P.3d 1192 (2006)

ALASKA RAILROAD CORPORATION, Appellant, v. NATIVE VILLAGE OF EKLUTNA and Municipality of Anchorage, Appellees.

Supreme Court of Alaska.

September 1, 2006.

Attorney(s) appearing for the Case

William S. Cummings and Kelly McCann, Ashburn & Mason, Anchorage, for Appellant.

Sara E. Heideman, Hedland Brennan & Heideman, Anchorage, for Appellee Native Village of Eklutna.

Thomas McDermott, Assistant Municipal Attorney, and Frederick H. Boness, Municipal Attorney, Anchorage, for Appellee Municipality of Anchorage.

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

OPINION

FABE, Justice.

I. INTRODUCTION

The Alaska Railroad wishes to remove granite rock from a quarry on culturally significant land located in the Native Village of Eklutna. In a 2004 decision, we concluded that the legislature did not clearly indicate its intention to exempt the Railroad from municipal zoning laws when it enacted the Alaska Railroad Corporation Act, and that the Railroad must apply for a conditional use permit before...

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