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SOUTHEAST AK. CONSERVATION COUNCIL v. STATE

No. S-13159.

202 P.3d 1162 (2009)

SOUTHEAST ALASKA CONSERVATION COUNCIL and Tongass Conservation Society, Appellants, v. STATE of Alaska and University of Alaska, Appellees.

Supreme Court of Alaska.

March 13, 2009.

Attorney(s) appearing for the Case

Katharine S. Glover, Thomas S. Waldo, Earthjustice, Juneau, for Appellants.

J. Anne Nelson, Assistant Attorney General, Anchorage, Talis J. Colberg, Attorney General, Juneau, for Appellee State of Alaska.

James D. Linxwiler, Michael S. McLaughlin, Guess & Rudd P.C., Anchorage, for Appellee University of Alaska.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

In 2000 and 2005 the legislature passed two bills (collectively, the act) conveying approximately 250,000 acres of land to the University of Alaska. The act directed that the net proceeds from the University's sale or use of the property be deposited in the University's endowment trust fund, an existing fund from which only earnings may be spent. Southeast Alaska Conservation Council and Tongass...

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