[Download] "Donald H. Carlson v. State Alaska" by Supreme Court of Alaska # eBook PDF Kindle ePub Free
eBook details
- Title: Donald H. Carlson v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 05, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
This is a class action challenging Alaskas practice of charging nonresident commercial fishermen three times as much as resident fishermen for commercial licenses and limited entry permits. The class, consisting of "all persons who participated in one or more Alaska commercial fisheries at any time who paid non-resident assessments to the State for commercial or gear licenses or permits," alleges violations of two federal constitutional provisions: the Privileges and Immunities Clause, and the Commerce Clause. The class also challenges the charging of differential fees from June 22, 1978 until January 1, 1983 under former 20 Alaska Administrative Code (AAC) 05.220(a) as being without statutory authority. The class seeks declaratory and injunctive relief as well as a refund of excess payments under the current "unconstitutional" regime and the 1978-1982 "unconstitutional" and "unauthorized" regime. The superior court denied relief.