Land transfer in court

MAT-SU -- The Mat-Su Borough may hold the lease to land at Hatcher Pass, but a Fairbanks man went to court last week in hopes of putting the land back into state hands.

Gabriel Scott of Fairbanks filed an appeal in Alaska Superior Court in Anchorage on Feb. 4 to stop the transfer of more than 3,000 acres at Hatcher Pass from the state to the Mat-Su Borough. Scott, a student at the University of Alaska Fairbanks, represents the Oregon-based Cascadia Wildlands Project, a nonprofit organization.

In his lawsuit, Scott raises nine issues relating to the Alaska Department of Natural Resources' decision to transfer the land to the Mat-Su borough. The five-page appeal document revisits the main points of Scott's Dec. 2001 request that DNR reconsider its decision because it allegedly violated state law in the public decision-making process to transfer the land.

In a Jan. 2 letter, DNR Commissioner Pat Pourchot denied Scott's request for reconsideration. He addressed each point raised in the request and advised Scott of his right to file an appeal within 30 days. DNR received Scott's appeal Jan. 4, just in time to meet the 30-day deadline.

"The DNR ignored both public and agency comments concerning the decision," Scott said Wednesday in a telephone interview from Fairbanks. "We believe that we have a good case and that we are going to win."

People on both sides of the ski resort issue believe that this was a bad decision," he added.

"It essentially junks the Hatcher Pass Management Plan," Scott said, summing up Cascadia's principal objections to the land transfer. "It will allow destructive development of this sensitive area, and it effectively eliminates statewide public involvement in any future decision-making."

Richard Mylius, natural resources manager for DNR, did not comment specifically on Scott's allegations. According to Mylius, the appeal will not stop action on the part of the borough in managing the Hatcher Pass area.

"Responsibility for management of the lease was transferred to the borough, which already owned the lease to the ski area," Mylius said. "They could do specific development within that lease. All that is missing is the patent."

Ownership of the land will give the borough more flexibility in development of the area, although there will be a cloud over the title until the court case is settled," Mylius added.

The appeal was filed against DNR's Division of Mining, Land and Water, but the Mat-Su Borough is the agency most affected by the potential outcome.

Ron Swanson, borough community development director, said the borough plans to move ahead on work at Hatcher Pass.

"We are understandably disappointed over the appeal but we feel confident that we will win," Swanson said. "The appeal will not halt the borough's continued management of the lease, which we purchased from the original lessee last summer. We had full management authority over the land effective with DNR's decision to deny the request for reconsideration."

The appeal will create some difficulties for the borough, however.

"This has the potential to hamper finding developers," Swanson said. "It could take a year or so to resolve unless there is an expedited review by the court. Until then, there will be a cloud over us that may make it difficult to market to prospective developers because of the unknowns."

Swanson said he didn't feel Scott's claims that the transfer's public process was lacking were valid.

"The public comment period was done in accordance with the statutes," Swanson said. "All comments were considered by DNR and responded to. As for junking the Hatcher Pass Management Plan, we have stated since day one that we will follow the HPMP as amended and that's what we are doing. The borough assembly passed a resolution late last year that stated in writing that we would follow the HPMP."

Swanson disagreed that the decision to transfer the land will allow destructive development in Hatcher Pass.

"We will follow the HPMP and go through a very public process before anything happens," Swanson said. "The Parks, Recreation and Trails Advisory Board, the borough planning commission and the borough assembly will accept public input and conduct public hearings before we do anything. Input will be accepted and considered from anyone in state or out of state in this process."

While the court case works its way through the judicial system, the borough is moving ahead with necessary pre-development analyses and studies.

"We'll be conducting an economic feasibility analysis under the Alaska Industrial Development and Export Authority, AIDEA," Swanson said. "We will also be doing engineering design work on the electrical systems, conducting water tests and analysis of the ground and soil."

Meanwhile, Government Peak slumbers in the lengthening daily sunshine without taking notice of the snowstorm of legal paperwork whirling about its feet.