Yute Air Alaska v. McAlpine

698 P.2d 1173 (1985)

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Yute Air Alaska v. McAlpine

Alaska Supreme Court
698 P.2d 1173 (1985)

JC

Facts

A group including Stephen McAlpine (McAlpine) (defendants) desired to place a ballot initiative on Alaska’s November 1984 election ballot that would have repealed all existing Alaska statutes regulating motor and air carriers to open those industries and prohibit cities from regulating the activities of those industries. The initiative would also have required Alaska’s governor to seek repeal of the federal Jones Act, which required use of American vessels for the shipping of goods between American ports. A group including Yute Air Alaska, Inc. (Yute) (plaintiffs) did not wish for repeal of these existing laws and filed suit seeking to keep the initiative off the ballot. Yute raised two basic arguments against the initiative: (1) the initiative violated Alaska’s single-subject rule for initiative topics, and (2) the requirement regarding the governor’s conduct was not enacting or amending law but directing administrative duties. McAlpine noted that prior Alaska cases had construed the single-subject limitation very broadly, such that virtually any general heading under which multiple items might fit would allow simultaneous consideration of those topics in a single initiative. The trial court ruled for McAlpine that the proposed initiative was valid. Yute appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Burke, J.)

Dissent (Moore, J.)

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