State of Alaska, Department of Transportation and Public Facilities, Appellant v. Alaska Laser Wash, Inc., An…

Summary

The Alaska Supreme Court held that the correct legal standard for awarding business‑damages in an eminent‑domain taking is feasibility, not reasonableness, and therefore reversed the superior court’s denial of the State’s motion for a directed verdict, vacated the attorney‑fees award and remanded for further consideration of prevailing‑party status, fees and costs. Justice Fabe dissented in part, arguing the case should be remanded on lost‑profits damages.