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STATE, DEPT. OF FISH & GAME v. MANNING

Nos. S-11170, S-11189.

161 P.3d 1215 (2007)

STATE of Alaska, DEPARTMENT OF FISH & GAME, Appellant/Cross-Appellee, v. Kenneth H. MANNING, Appellee/Cross-Appellant.

Supreme Court of Alaska.

July 6, 2007.

Attorney(s) appearing for the Case

Kevin M. Saxby, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellant and Cross-Appellee.

Kenneth H. Manning, pro se, Kasilof, Appellee and Cross-Appellant.

Will Sherman, Anchorage, for Amicus Curiae Alaska Outdoor Council.

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

OPINION

FABE, Justice.

I. INTRODUCTION

Kenneth Manning was denied a Tier II subsistence permit for the 2000-2001 Nelchina caribou herd hunt. Manning brought suit, contending that certain aspects of the regulation governing the Tier II subsistence hunting permit point system discriminate against urban hunters in violation of state constitutional provisions requiring equal access to natural resources. Manning challenged three criteria...

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