Alaska Supreme Court
McGlinchy v. State, Dept. of Natural Resources
August 7, 2015
Summary
The Alaska Supreme Court affirmed the Superior Court’s judgment upholding the Department of Natural Resources’ denial of M&M Constructors’ permit to mine a Flag Hill mineral deposit, holding that the deposit is a common variety stone not subject to location. The Court also held that M&M received adequate procedural due process in the administrative hearing. The decision rests on statutory interpretation of the Common Varieties Act and the application of the appropriate standards of review.