Latest Case This Week: Manns v. Alaska, Dept. of Nat. Rec., Div. of Mining, Land & Water (Alaska)

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Manns v. Alaska, Dept. of Nat. Rec., Div. of Mining, Land & Water

Court: Alaska Supreme Court

Docket: S-17042

Opinion Date: August 7, 2020

Judge: Joel H. Bolger

Areas of Law: Government & Administrative Law, Zoning, Planning & Land Use

Mick and Cecilia Manns made unsuccessful applications for preference rights to purchase certain Alaska State land. The Mannses argued they were entitled to a preference right under AS 38.05.035(f) based on their business use of the land beginning in the mid­ 1970s. But this statute required the Mannses to establish business use beginning at least five years prior to State selection; in this case, the State selection occurred in 1972. The statute also required the Mannses to show some income reliance on the land for the five years preceding their application, but the Mannses did not submit any such evidence. The Alaska Supreme Court therefore affirmed the superior court’s decision affirming the decision of the Alaska Department of Natural Resources (DNR) to deny the Mannses’ application.