Alaska Railroad Corporation v. Native Village of Eklutna, Municipality of AnchorageThe Alaska Railroad is operating a gravel pit on land located within the Municipality of Anchorage and considered culturally significant to the Native Village of Eklutna. The Railroad has no conditional use permit from the Municipality as required by local zoning ordinances. It is the Railroad’s position that a statute granting the Railroad’s Board authority to adopt exclusive rules governing land use by parties having interests in or permits for land owned or managed by the corporation gives the Railroad the authority to adopt rules which would govern over conflicting municipal ordinances. The Railroad claims this is consistent with an earlier Supreme Court ruling, but Eklutna disputes this claim. The Municipality and Eklutna also argue that the statue does not grant immunity from ordinances.
