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

Summary

The court held that the trade associations were qualified non-prevailing constitutional claimants because they lacked a sufficient direct economic incentive to bring their challenge independent of its constitutional nature. Because the litigation involved only constitutional claims, the trade associations were protected from an attorney-fees award under the constitutional-claimant statute, and the superior court therefore erred by awarding fees under Civil Rule 82. The court affirmed the constitutional-claimant determination and vacated the fee award.