Aulukestai v. Dept. of Natural Resources
Annotate this CaseAt issue in this case were land and water use permits allowing intensive mineral exploration on State land. Specifically, the Supreme Court was asked to decide whether the Department of Natural Resources (DNR) had to give public notice before issuing the permits. Because the Alaska Constitution required public notice when interests in land were transferred, the answer to this question depended on whether the permits conveyed an interest in land. After a trial, the superior court held that notice was not required because the permits were nominally and functionally revocable and therefore did not transfer an interest in land. After its review, the Supreme Court concluded that the land use permits were not functionally revocable, conveyed an interest in land and consequently should have been preceded by public notice. As such, the Court reversed the superior court's judgment and remanded the case for further proceedings.
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