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STATE, DNR v. ALASKA RIVERWAYS, INC.

Nos. S-13249, S-13269.

232 P.3d 1203 (2010)

STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, Appellant and Cross-Appellee, v. ALASKA RIVERWAYS, INC., and Tanana River Properties, L.L.C., Appellees and Cross-Appellants.

Supreme Court of Alaska.

May 21, 2010.

Attorney(s) appearing for the Case

Cameron M. Leonard and Mary Ann Lundquist, Senior Assistant Attorneys General, Fairbanks, and Talis J. Colberg, Attorney General, Juneau, for Appellant/Cross-Appellees.

Susan E. Reeves and Brian J. Stibitz, Reeves Amodio, LLC, Anchorage, and Alexander O. Bryner, Feldman Orlansky & Sanders, Anchorage, for Appellees/Cross-Appellants.

Before: FABE, CHRISTEN, Justices, and MATTHEWS, Senior Justice, Pro Tem.

OPINION

FABE, Justice.

I. INTRODUCTION

We are called upon today to decide whether the State of Alaska has the authority to require private parties who construct wharves into adjacent navigable waters to enter into leases. The answer to this question depends on whether the common law right to construct a wharf in front of one's property, which was recognized in territorial days, has given way to the right of the state to require a lease on...

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