Rush v. State, Department of Natural Resources

98 P.3d 551 (Alaska 2004) · Supreme Court of Alaska · September 17, 2004 · No. No. S-10926

Summary

The Alaska Supreme Court held that applying the current version of AS 38.05.090 to the termination of a state-land lease would have an impermissible retroactive effect. The amended statute would eliminate property rights existing under the former statute, including the right to require a subsequent purchaser of the land to purchase authorized fixtures. The court affirmed the superior court's decision upholding the Alaska Department of Natural Resources' use of the former statutory version.

Holdings

  1. Rush did not waive her claim because her basic theory—that the current version of AS 38.05.090 should govern the lease termination—remained unchanged, and her reference to retroactivity properly responded to the State's argument.
  2. Applying the current version of AS 38.05.090 would have an impermissible retroactive effect because it would eliminate or diminish property rights acquired under transactions governed by the former statute, including the right to require a subsequent purchaser of the land to purchase authorized fixtures.

Questions Presented

  1. Whether Rush waived her claim that the current version of AS 38.05.090 should apply because she first used the term 'retroactive' in her reply brief before the superior court.
  2. Whether applying the current version of AS 38.05.090 to the termination of Mat-Su's lease and auction of the parcel would have an impermissible retroactive effect on property rights acquired under the former statute.

Disposition

affirmed

Cases Cited (6)

  • Earth Res. Co. of Alaska v. State, Dep't of Revenue, 665 P.2d 960, 964-65 (Alaska 1983)(followed)
  • Krossa v. All Alaskan Seafoods, Inc., 37 P.3d 411, 418-19 (Alaska 2001)(distinguished)
  • Eastwind, Inc. v. State, 951 P.2d 844, 847 (Alaska 1997)(followed)
  • Norton v. Alcoholic Beverage Control Bd., 695 P.2d 1090, 1093 (Alaska 1985)(followed)
  • Landgraf v. USI Film Prods., Inc., 511 U.S. 244, 245, 280, 114 S. Ct. 1483, 128 L. Ed. 2d 229 (1994)(followed)
  • O'Connor v. City of Moscow, 69 Idaho 37, 202 P.2d 401, 404 (1949)(followed)

Cited In (0)

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