Assembly seeks to uphold state transfer of land to borough

MAT-SU -- The Mat-Su Borough Assembly agreed last week to file an Amicus, or friend of the court brief in a case between Cascadia Wildlands and the state's Department of Natural Resources.

The case was filed on Oct. 16 in Anchorage Superior Court by Cascadia Wildlands. Cascadia's Alaska representative, Gabriel Scott, has protested the transfer of more than 3,000 acres of state-owned land in the Hatcher Pass area to the Mat-Su Borough. In June 2001, according to information in a borough action memorandum supporting the filing of the Amicus brief, DNR issued a decision to convey the land to the borough. A comment period was opened, and Scott filed a comment protesting the transfer on behalf of Cascadia Wildlands Project, an Oregon-based non-profit, public-interest environmental organization.

On Dec. 3, 2001, DNR issued a final finding and decision to move forward with the transfer. Scott, on behalf of Cascadia, filed a request for reconsideration with DNR Commissioner Pat Pourchot on Dec. 24, alleging that DNR ignored public and agency comments before making the decision to transfer the land. He also stated that, because the conveyance of land was not contingent on the terms of the Hatcher Pass Management Plan, which regulates development of the 3,000 acres, the transfer would toss the plan aside.

The request for reconsideration was denied, and on Feb. 1, 2002, Cascadia filed a motion for appeal with Alaska Superior Court. According to information from DNR, Cascadia filed a supporting brief on Oct. 16. The state has until Dec. 20 to respond to the brief.

Although the State of Alaska, Department of Natural Resources is the only listed defendant, Mat-Su Borough Manager John Duffy said Monday the local governmental body has a vested interest in the outcome of the case, and can show that any development at Hatcher Pass will have a significant amount of public participation.

"We believe that we can make a very good case about the amount of public process that has gone on," Duffy said.