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KASAYULIE v STATE Click to find out why . . .


Keywords & Phrases
CourtCode: SU, CourtName: Superior Court, Defendant: , District: Third, JudgeName: John Reese, Plaintiff: KASAYULIE, State: AK Alaska, UniqueCaseRef: AK>SU>125, Trust, School, Alaska, Motion, Partial Summary Judgment, Breach, Land, Kasayulie, Fund, Education, Funding, School District, Public School, Redesignation, Heckman, Beneficiaries, Mike, Statehood Act, Grant Lands, State Opposes, Dedicated Fund, Guardians, General Grant Lands, Anilca Land Revenues, Compensation, Investment, Anilca Land , ContentID: 120239519

Case Documents
1 1999-09-01 ORDER REGARDING MOTIONS FOR PARTIAL SUMMARY JUDGMENT ON BREACH OF TRUST ISSUES
[ see first page and extracted highlights below  ] ItemID: 100021 		12 pages
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Total Documents: 1 document , 12 pages
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1 . ORDER REGARDING MOTIONS FOR PARTIAL SUMMARY JUDGMENT ON BREACH OF TRUST ISSUES

EXTRACTED KEY WORDS 
SCHOOL
ALASKA
COURT
MOTION
PARTIAL SUMMARY JUDGMENT
BREACH
LAND
KASAYULIE
FUND
EDUCATION
PLAINTIFFS
FUNDING
SCHOOL DISTRICT
PUBLIC SCHOOL
REDESIGNATION
HECKMAN
BENEFICIARIES
MIKE
DEFENDANT
STATEHOOD ACT
GRANT LANDS
STATE OPPOSES
DEDICATED FUND
GUARDIANS
GENERAL GRANT LANDS
ANILCA LAND REVENUES
COMPENSATION
INVESTMENT
ANILCA LAND


IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT AT ANCHORAGE

WILLIE & SOPHIE KASAYULIE, as Parents and

Guardians of minors MARK KASAYULIE

and ROBYN KASAYULIE; PAUL & MARYANN

MIKE, as Parents and Guardians of minors

TRAVIS MIKE, CALVIN MIKE, and LEEANDY

MIKE, ARTHUR & RUTH HECKMAN, as Parents

and Guardians of minors ARTHUS HECKMAN,

JR., LLOYD HECKMAN, CANDACE HECKMAN, and

SUZANNE HECKMAN; BERING STRAIT SCHOOL

DISTRICT; IDITAROD AREA SCHOOL DISTRICT;

KASHUNAMIUT SCHOOL DISTRICT; LOWER

KUSKOKWIM SCHOOL DISTRICT; LOWER YUKON

SCHOOL DISTRICT; YUPIIT SCHOOL DISTRICT;

and THE CITIZENS FOR THE EDUCATIONAL
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • Guardians of minors MARK KASAYULIE
  • TRAVIS MIKE, CALVIN MIKE, and LEEANDY
  • MIKE, ARTHUR & RUTH HECKMAN, as Parents
  • DISTRICT; IDITAROD AREA SCHOOL DISTRICT;
  • MOTIONS FOR PARTIAL SUMMARY JUDGMENT
  • ON BREACH OF TRUST ISSUES
  • Kasayulie et al instituted this civil action against the State of Alaska to obtain a
  • The motions addressed in this order are plaintiffs' Motion for Partial Summary Judgment
  • Therefore, plaintiff Kasayulie's Motion for Partial Summary Judgment on the Fourth Cause of
  • The first was a federal grant known as the Public School Trust Fund.
  • The Public School Lands Trust was formed in 1915 and required first the territory, and
  • the receipts were invested in the Public School Permanent Fund.
  • After statehood the funds were no longer deposited into the Current Fund, but were credited
  • This redesignation also affected the Mental Health Grant Lands and the University of Alaska
  • The Commissioner must, in part, prepare an annual accounting of the fund, and follow certain
  • There is a question as to whether the ANILCA land should be treated as "general grant lands"
  • II. Breach of Alaska Statehood Act and the School Land Trust.
  • It is the responsibility of a trustee to act in the interest of the beneficiaries and to make
  • The State opposes maintaining that it did not breach the trust, it transformed it into a
  • There has been no determination, or indication in the statutes, that 1/2% is full
  • Plaintiffs argue that the State has failed to preserve the ANILCA land revenues from the
  • The dedicated fund provision is implicated whenever any restriction is imposed on the
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