Alaska Commercial Fishermen’s Memorial in Juneau v. City & Borough Juneau

A nonprofit organization constructed a granite memorial on the Juneau waterfront and each spring conducted a ceremonial blessing of the fleet as the fishing boats passed by. The City and Borough of Juneau decided to build a large dock on the same stretch of waterfront. The City asked the State of Alaska to transfer the State-owned submerged lands necessary to complete the project, and the organization filed suit to enjoin construction of the dock before the land was transferred. The superior court denied the organization’s motions for injunctive and declaratory relief, denied motions to amend and for a continuance to conduct discovery, and granted the City’s motion to dismiss the organization’s claims. Upon review, the Supreme Court concluded that the superior court was correct in ruling that the organization failed to allege an actual controversy and that the organization’s proposed amendment to its complaint was futile. View "Alaska Commercial Fishermen's Memorial in Juneau v. City & Borough Juneau" on Justia Law