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WEST v. STATE, BD. OF GAME

Nos. S-13184, S-13343.

248 P.3d 689 (2010)

Ronald T. WEST, Appellant, v. STATE of Alaska, BOARD OF GAME, and McKie Campbell, Commissioner, Department of Fish and Game, Alaska Wildlife Alliance, Defenders of Wildlife, Sierra Club, Tom Classen, and Friends of Animals, Appellees. Alaska Wildlife Alliance, Defenders of Wildlife, Cross-Appellants, v. Ronald T. West, State of Alaska Board of Game, and McKie Campbell, Commissioner, Department of Fish and Game, Sierra Club, Tom Classen, and Friends of Animals, Cross-Appellees.

Supreme Court of Alaska.

Rehearing Denied April 5, 2011.

Attorney(s) appearing for the Case

Robert C. Erwin , Robert C. Erwin, LLC, Anchorage, and Ronald T. West , Anchorage, for Appellant and Cross-Appellee, Ronald T. West.

Michael J. Frank , Trustees for Alaska, Anchorage, and Valerie Brown , Law Office of Valerie Brown, LLC, Anchorage, for Appellees and Cross-Appellants, Defenders of Wildlife and Alaska Wildlife Alliance.

Kevin M. Saxby , Senior Assistant Attorney General, Anchorage, and Richard A. Svobodny , Acting Attorney General, Juneau, for Appellee, and Cross-Appellee, State of Alaska.

Notice of non-participation filed by Michael A. Grisham , Dorsey & Whitney LLP, Anchorage, for Appellees and Cross-Appellees, Friends of Animals, Inc. and Tom Classen.

No appearance by Appellee and Cross-Appellee, Sierra Club.

Before: CARPENETI, Chief Justice, FABE, and CHRISTEN, Justices.

OPINION

CHRISTEN, Justice.

I. INTRODUCTION

Two conservation advocacy groups and Ronald T. West appeal a superior court order granting summary judgment in favor of the Alaska Board of Game ("the Board"). The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive...

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