PEBBLE LTD. PARTNERSHIP v. PARNELL

Nos. S-13059, S-13060.

215 P.3d 1064 (2009)

PEBBLE LIMITED PARTNERSHIP, acting through its General Partner, PEBBLE MINES CORPORATION, Appellant, v. Sean PARNELL, Lt. Governor of Alaska, the State of Alaska, Division of Elections, John H. Holman, Jack G. Hobson, and Luki Akelkok, Appellees. Council of Alaska Producers, Appellant, v. Sean Parnell, Lt. Governor of Alaska, the State of Alaska, Division of Elections, John H. Homan, Jack G. Hobson, and Luki Akelkok, Association of ANCSA Regional Corporations Presidents/CEO's Inc., Alaska Federation of Natives, and Pebble Limited Partnership, Appellees.

Supreme Court of Alaska.

September 18, 2009.


Attorney(s) appearing for the Case

Howard S. Trickey and Matthew Singer, Jermain Dunnagan & Owens, Anchorage, for Appellant Pebble Limited Partnership.

Thomas P. Amodio, Reeves Amodio LLC, Anchorage, for Appellant Council of Alaska Producers.

Michael Barnhill, Senior Assistant Attorney General and Talis J. Colberg, Attorney General, Juneau, for Appellee Sean Parnell, Lt. Governor of Alaska.

Jeffrey M. Feldman and Susan Orlansky, Feldman Orlansky & Sanders, Timothy McKeever and Scott M. Kendall, Holmes Weddle & Barcott, PC, Anchorage, for Appellees John H. Holman, Jack G. Hobson, and Luki Akelkok.

James D. Linxwiler and Michael S. McLaughlin, Guess & Rudd P.C., Anchorage, for Appellees Association of ANCSA Regional Corporation Presidents/CEO's, Inc. and Alaska Federation of Natives, Inc.

James E. Fosler, Fosler Law Group, Inc., Anchorage, for Amicus Curiae Alaska State Legislature.

Before: MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.


OPINION

CARPENETI, Justice.

I. INTRODUCTION

The superior court ruled that a proposed initiative relating to the regulation of large scale metallic mineral mines was constitutionally and statutorily permissible and could appear on the ballot. The parties challenging the initiative appealed that ruling, asserting that the initiative (1) would violate the constitutional prohibition against initiatives that would appropriate public assets, ...

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