Licht v. Irwin

In 2009 the Department of Natural Resources issued two decisions, one removing the classification of certain lands as wildlife habitat and the other allowing for the conveyance of these lands to the Denali Borough for further development. A wildlife biologist and others submitted comments challenging the Department's actions; the biologist's comments and requests for reconsideration were denied and he filed an appeal in the superior court. While the appeal was pending, the wildlife biologist died in a plane crash and his sister, the personal representative of his estate, filed a motion to substitute an individual and an organization as appellants in this case. The court allowed for substitution of the personal representative, but prohibited the substitution of third parties; after the personal representative declined to personally continue the appeal, the superior court dismissed the case. The personal representative appealed. Upon review, the Supreme Court concluded that the superior court correctly articulated the proper test for substitution on appeal, but because it did not acknowledge the comments that the proposed appellant submitted during agency proceedings, the Court remanded the case for the court to consider whether these comments indicated the proposed appellant was entitled to prosecute in the review proceeding below, thereby making her a proper party for substitution. The Court affirmed the superior court's conclusion that the personal representative could not transfer or assign her right to appeal. View "Licht v. Irwin" on Justia Law