STATE v. NATIVE VILLAGE OF NUNAPITCHUK

Nos. S-11525, S-11745.

156 P.3d 389 (2007)

STATE of Alaska, Appellant, v. NATIVE VILLAGE OF NUNAPITCHUK, Association of Village Council Presidents, Alaska Center for The Environment, Northern Alaska Environmental Center, Southeast Alaska Conservation Council, and the Republican Moderate Party, Inc., Appellees. Frank Murkowski, in his official capacity as Governor of the State of Alaska, Appellant, v. Alaska AFL-CIO; Alaska Public Employees Association/AFT; IBEW Local 1547; Public Employees Local 71; Operating Engineers Local 302; Alaska State Employees Association/AFSCME Local 52; Alaska Laborers Local 341; and Teamsters Local 959, Appellees.

Supreme Court of Alaska.

April 20, 2007.


Attorney(s) appearing for the Case

Craig J. Tillery, Christopher M. Kennedy, Assistant Attorneys General, Anchorage, Scott J. Nordstrand, Acting Attorney General, David W. Márquez, Attorney General, Juneau, for Appellants State of Alaska and Frank Murkowski.

Eric D. Johnson, Association of Village Council Presidents, Bethel, for Appellees Native Village of Nunapitchuk and Association of Village Council Presidents.

Thomas S. Waldo, Layla A. Hughes, Earthjustice, Juneau, for Appellees Alaska Center for the Environment, Northern Alaska Environmental Center, and Southeast Alaska Conservation Council.

Nancy S. Wainwright, Law Office of Nancy S. Wainwright, Anchorage, for Appellee The Republican Moderate Party, Inc.

Linda M. O'Bannon, Paul L. Dillon, Dillon & Findley, P.C., Anchorage, for Appellees Alaska AFL-CIO, Alaska Public Employees Association/AFT, IBEW Local 1547, Public Employees Local 71, Operating Engineers Local 302, Alaska State Employees Association/AFSCME Local 52, Alaska Laborers Local 341, and Teamsters Local 959.

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


OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Challenged in these cases is an act of the 2003 Legislature (HB 145)1 that modifies the public interest litigant exception2 to Alaska Civil Rule 82.3 Although the legislature has the authority to change the civil rules, it may only do so by a two-thirds vote...

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