SOP, Inc. v. Alaska
Annotate this CaseThe Nancy Lake State Recreation Area (“Park”) issued special use permits to owners of private property abutting the remote boundary of the Park that grant them the right to use all-terrain vehicles (ATVs) along the Butterfly Lake Trail to access their private property. The ATVs have damaged the Trail and the surrounding wetlands. SOP, Inc. sued to enjoin the Park from issuing these ATV permits. SOP moved for summary judgment, and the Park filed a cross-motion for summary judgment. The Superior Court denied SOP’s motion and granted the Park’s motion. SOP appealed. Upon review, the Supreme Court held that the permits created easements because the Park could revoke the permits at will. Easements are disposals of property; the Alaska Constitution prohibits the Park from disposing of property that the legislature has set aside as a state park. The Court concluded the permits were illegal and reversed.
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