Vote Yes for Alaska's Fair Share v. Resource Development Council for Alaska, Inc., Alaska Trucking Association…

Summary

The Alaska Supreme Court affirmed the superior court’s finding that the trade associations are qualified non‑prevailing constitutional claimants because they lacked a sufficient direct economic incentive, and consequently vacated the Rule 82 attorney’s‑fees award to Vote Yes for Alaska’s Fair Share. The Court held that the statutory language of AS 09.60.010(c)(2) bars fee awards against such claimants. The decision also noted, without deciding, broader questions about private parties invoking the constitutional‑claimant framework.