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SOP, INC. v. STATE, DEPT. OF NATURAL RESOURCES

No. S-14541.

310 P.3d 962 (2013)

SOP, INC., Appellant, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF PARKS AND OUTDOOR RECREATION, Ben Ellis, in his capacity as Director, Appellees.

Supreme Court of Alaska.

As Amended on Rehearing October 11, 2013.

Attorney(s) appearing for the Case

Patrick Gilmore , Atkinson, Conway & Gagnon, Anchorage, for Appellant.

John T. Baker , Senior Assistant Attorney General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellees.

Before: FABE, Chief Justice, WINFREE, STOWERS, and BOLGER, Justices, and CARPENETI, Senior Justice pro tem.

OPINION ON REHEARING

STOWERS, Justice.

I. INTRODUCTION

The Nancy Lake State Recreation Area ("the Park")1 was established by the Alaska Legislature for public recreation. The Park's governing regulations prohibit the use of motorized vehicles off of the Park's paved roads. However, the Park issues special use permits to owners of private property abutting the remote boundary of the Park that grant them the right...

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