[DOWNLOAD] "State Alaska and Carl Rosier v. Kluti Kaah" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: State Alaska and Carl Rosier v. Kluti Kaah
- Author : Supreme Court of Alaska
- Release Date : January 08, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
We granted this emergency petition to review the superior courts issuance of a preliminary injunction which, essentially, replaced the State Board of Games seven day general moose hunt with a twenty-six day subsistence hunt for residents of the Kluti Kaah Native Village of Copper Center. The state contends that the superior court misapplied the "balance of hardships" test in issuing the injunction and, generally, overstepped its authority. Kluti Kaah responds that the courts equitable powers were properly invoked to protect them from an illegal regulation and that the court crafted an injunction which adequately protected the interests of the state and the general public. We agree with the state that the injunction should not have been issued. Specifically, we conclude that the superior court failed to give due consideration to the states interest in developing and maintaining a uniform system of game allocation and that its decree did not adequately protect the interests of other subsistence hunters or guard against depletion of the moose population.