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DOUBLEDAY v. STATE, COMMERCIAL FISHERIES

Nos. S-13149, S-13189.

238 P.3d 100 (2010)

Morgan DOUBLEDAY, Appellant and Cross-Appellee, v. STATE of Alaska, COMMERCIAL FISHERIES ENTRY COMMISSION, Appellee and Cross-Appellant.

Supreme Court of Alaska.

August 20, 2010.

Attorney(s) appearing for the Case

Michael Hough, Homer, for Appellant and Cross-Appellee.

Thomas E. Lenhart, Assistant Attorney General and Talis J. Colberg, Attorney General, Juneau, for Appellee and Cross-Appellant.

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

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

A commercial fisher appeals the denial of his application for permits for two fisheries. The Commercial Fisheries Entry Commission denied the permit applications because the fisher produced no evidence of his participation in one fishery and evidence of only minimal participation in the other. On appeal, the fisher argues that he could not meet his burden of proof because the State destroyed...

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