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JERREL v. STATE, DEPT. OF NATURAL RESOURCES

No. S-8436.

999 P.2d 138 (2000)

Dan JERREL and Viola Jerrel, Appellants, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, Appellee.

Supreme Court of Alaska.

Rehearing Denied May 1, 2000.

Attorney(s) appearing for the Case

Robert C. Erwin, Law Offices of Robert C. Erwin, Anchorage, for Appellants.

John T. Baker, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

State regulations require that holders of state grazing leases mark their livestock. When neighbors complained about the horses on Dan and Viola Jerrel's grazing leases, the Department of Natural Resources terminated the leases on the ground that the Jerrels had failed to brand their horses. Yet neither Alaska statutes nor relevant regulations require that horses be marked with a brand so that these...

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