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

Summary

The Alaska Supreme Court held that a business owner may recover business‑damage compensation in an eminent‑domain taking only when relocation is not feasible, adopting a feasibility rather than a reasonableness standard. Accordingly, the Court reversed the superior court’s denial of the State’s motion for a directed verdict, vacated the attorney‑fees and costs awards, and remanded for further consideration of prevailing‑party status, fees and costs. Justice FABE, dissenting, agreed on the feasibility standard but argued that the directed‑verdict ruling should not foreclose a separate lost‑profits claim.