James P. McGlinchy D/b/a M & M Constructors v. State of Alaska, Department of Natural Resources, and Daniel S…

Summary

The court affirmed the denial of M & M Constructors' permit to mine rock at Flag Hill because the deposit was common variety stone and did not qualify under either the constituent-minerals or uncommon-variety exceptions to the Common Varieties Act. The court also held that M & M received procedural due process through notice, a hearing, opportunities to present and challenge evidence, written submissions, and supplemental briefing. No separate opinions were filed.