ERA AVIATION, INC. v. CAMPBELL

Supreme Court Nos. S-6467, S-6468.

915 P.2d 606 (1996)

ERA AVIATION, INC., Appellant, v. Bruce A. CAMPBELL, in his capacity as Commissioner of Transportation and Public Facilities; Alaska Department of Transportation and Public Facilities; and the State of Alaska, Appellees. ALASKA AIRLINES, INC.; Reeve Aleutian Airways, Inc.; Northern Air Cargo, Inc.; and Peninsula Airways, Inc., Appellants, v. Frank G. TURPIN, in his capacity as Commissioner of Transportation and Public Facilities; Alaska Department of Transportation and Public Facilities; and the State of Alaska, Appellees.

Supreme Court of Alaska.

Rehearing Denied May 10, 1996.


Attorney(s) appearing for the Case

James N. Leik, Perkins Coie, Anchorage, for Appellant Era Aviation, Inc.

James N. Reeves, Steven L. Jones and Brenda T. Rhoades, Bogle & Gates, Anchorage, for Appellants Alaska Airlines, Inc., Reeve Aleutian Airways, Inc., Northern Air Cargo, Inc., and Peninsula Airways, Inc.

Carolyn E. Jones, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellees.

Before RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Air carriers sought refunds of landing fees they paid to the Alaska Department of Transportation and Public Facilities (Department) under a regulation subsequently declared illegal. The superior court dismissed their claims on summary judgment. We affirm.

II. FACTS AND PROCEEDINGS

In June 1991 the Department promulgated a...

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