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ALASKA RAILROAD v. FLYING CROWN SUBDIVISION

No. 22-35573.

82 F.4th 762 (2023)

ALASKA RAILROAD CORPORATION, Plaintiff-Appellee, v. FLYING CROWN SUBDIVISION ADDITION NO. 1 AND ADDITION NO. 2 PROPERTY OWNERS ASSOCIATION, a non-profit, Defendant-Appellant, and Municipality of Anchorage, Dept of Law, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2023.

Attorney(s) appearing for the Case

Michael C. Geraghty (argued) and William G. Cason , Holland & Hart LLP, Anchorage, Alaska, for Plaintiff-Appellee.

Jeffrey W. McCoy (argued), Pacific Legal Foundation, Highlands Ranch, Colorado; Damien M. Schiff , Pacific Legal Foundation, Sacramento, California; Paige E. Gilliard , Pacific Legal Foundation, Arlington, Virginia; Eva R. Gardner , Ashburn & Mason PC, Anchorage, Alaska; Thomas E. Meacham , Thomas E. Meacham Attorney at Law, Anchorage, Alaska; for Defendant-Appellant.

John A. Leman and Ashley C. Brown , Kemppel Huffman and Ellis PC, Anchorage, Alaska, for Amicus Curiae Matanuska Telecom Association Inc.

Opinion by Judge Nguyen.

OPINION

This case concerns the property rights of two uniquely Alaskan entities. On one side is Flying Crown Subdivision Addition No. 1 and No. 2 Property Owners Association ("Flying Crown"), a homeowners' association for the eponymous subdivision in Anchorage, Alaska. Flying Crown is one of many subdivisions nestled...

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