Opinion
Supreme Court No. S-12280.
February 13, 2008.
Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Stephanie E. Joannides, Judge, 3AN-05-10866 CI.
Dana L. Olson, pro se, Wasilla. Ethan Falatko, Assistant Attorney General, Talis J. Colberg, Attorney General, Juneau, for Appellees.
Before: Fabe, Chief Justice, Matthews, Eastaugh, and Carpeneti, Justices.
MEMORANDUM OPINION AND JUDGMENT
Entered pursuant to Appellate Rule 214.
Appellant sought to challenge the issuance of a gas storage lease on state land to Union Oil Company of California. Her administrative appeal was dismissed by the superior court on the ground that she lacked standing under the applicable statute.
Olson now appeals from the superior court's order of dismissal. We affirm, based on the rationale of the superior court as expressed in the following language in the superior court's order of dismissal:
we have edited the order to conform to our technical rules and have omitted a footnote.
On June 24, 2005, the Department of Natural Resources (DNR) issued a public notice that it had received an application for a gas storage lease from Unocal. DNR subsequently issued a notice which allowed for a 30-day public comment period. The public comment period called for commentary on the Alaska Coastal Management Program Consistency determination pursuant to AS 46.40.096, requesting comments on whether the lease would be in the best interest of the state, as required under AS 38.05.035(e)
Alaska Statute 35.05.035(i) governs when an administrative appeal may be filed. A person who is aggrieved by the director's final written decision under AS 35.05.035(i) may request an administrative appeal or make a request for reconsideration only if the person:
1. meaningfully participated in the process set out in this chapter for receipt of public comment by
A. submitting written comment during the period for receipt of public comment; or
B. presenting oral testimony at a public hearing, if a public hearing was held; and
2. is affected by the final written finding.
During the public comment period, DNR received comments from the Mat-Su Borough, the Alaska Department of Fish and Game, Enstar Gas Company, and Trading Bay Oil and Gas, LLC. Appellant admittedly did not participate in the public comment period, but asserts that she reserved the right to appeal the "consistency determination" in a case she has pending in Federal court. In addition, Appellant filed this appeal two weeks prior to the final written best interest determination on the Unocal lease.
Dismissal, based on failure to state a claim, is appropriate where the complaint, given the benefit of all reasonable inferences, presents no set of facts justifying recovery. Alaska R. Civ. P. 12(b)(6), Valdez Fisheries Dev. Ass'n v. Alyeska Pipeline Serv. Co., 45 P.3d 657 (Alaska 2002). Motions to dismiss for failure to state a claim are viewed with disfavor and should rarely be granted. Knight v. American Guard Alert, Inc., 714 P.2d 788, 791 (Alaska 1986). Courts are obliged to construe complaints liberally and give the complaint the benefit of the doubt. Id. In determining the sufficiency of the stated claim, it is enough that the complaint set forth allegations of fact consistent with some enforceable cause of action on any possible theory. Linck v. Baroka Martin, 667 P.2d 171, 173 (Alaska 1983); Knight, 714 P.2d at 791. The court "must presume all factual allegations of the complaint to be true and [make] all reasonable inferences . . . in favor of the non-moving party." Kollodge v. State, 757 P.2d 1024, 1026 (Alaska 1988).
In order for Appellant to have a meritorious appeal under AS 38.05.035(i), Appellant should have participated in the public comment period. Under the language of the statute, the court cannot allow Appellant's legal notice of appeal in her Ninth Circuit case to replace the requirements of the statute. The statutory language is clear in all respects to what is required in order to appeal the director's final written findings.
The order of the superior court is AFFIRMED.