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BAXLEY v. STATE

No. S-8155.

958 P.2d 422 (1998)

Clyde BAXLEY, individually, and on behalf of the citizens of the State of Alaska, and The Republican Moderate Party, a political group, on behalf of the citizens of the State of Alaska, Appellants, v. STATE of Alaska, and John Shively, Commissioner, Department of Natural Resources, and BP Exploration (Alaska), Inc., Appellees.

Supreme Court of Alaska.

May 15, 1998.

Attorney(s) appearing for the Case

Jody Patrick Brion, Leutwyler, Brion & Associates, Anchorage, for Appellants.

Lawrence Z. Ostrovsky, Jeffrey D. Landry, Camille Oechsli, Assistant Attorneys General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellees, State of Alaska and John Shively.

Jeffrey M. Feldman and Susan Orlansky, Young & Feldman, Anchorage, and Alan L. Sullivan, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for Appellee BP Exploration (Alaska), Inc.

John E. Havelock, Ely & Havelock, Anchorage, for Amicus Curiae Oilwatch, Alaska, Inc.

Before MATTHEWS, C.J., and COMPTON, EASTAUGH, FABE, and BRYNER, JJ.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Citizen-taxpayers filed suit challenging a legislative enactment approving and giving effect to modifications of four State oil and gas leases in the Northstar Oil Field. Reasoning that the modifications were a narrowly tailored response to a unique situation, and that the legislature had not given the lessee preferential treatment, the superior court granted summary judgment for the defendants...

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