Alaska Supreme Court
Gold Country Estates Preservation Group, Inc., an Alaska Nonprofit Corporation, and William H. Cramer
February 10, 20122012 Alas. LEXIS 28
Summary
The Alaska Supreme Court affirmed summary judgment for the Borough on Gold Country's Open Meetings Act and due process claims and affirmed the denial of attorney's fees. It held that the claims were moot because the covenant ruling supplied the primary relief sought, but reviewed the Open Meetings Act issues to determine prevailing-party status; it further held that the site visit was a properly noticed meeting, any due process defect was cured by de novo review, and fees were properly denied to avoid chilling public-interest litigation. Justice Stowers, joined by Justice Christen, concurred in part and dissented in part, agreeing with the merits disposition but would have remanded for clarification of the attorney-fee ruling.