Matanuska Maid, Inc. v. State

MATTHEWS, Justice,

joined by BURKE, Justice, dissenting in part.

I agree with the majority opinion except in so far as it holds that the superior court abused its discretion in awarding attorney’s fees of $2,000.00. I think that the court did not abuse its discretion in making this modest award.

A party having standing may generally obtain judicial review of an administrative *194determination. See, e. g,, Moore v. State, 553 P.2d 8 (Alaska 1976); K & L Distributors, Inc. v. Murkowski, 486 P.2d 351 (Alaska 1971); K. Davis, Administrative Law Treatise, § 28.08 (Supp.1970). The right to judicial review of administrative action, while broadly granted by such statutes as AS 22.10.020, AS 44.62.300, and AS 44.62.-560 originates in the constitution. K & L Distributors, Inc. v. Murkowski, 486 P.2d 351, 357 (Alaska 1971). However, when a party exercises his right to challenge agency action in superior court and loses, the superior court has the power to assess attorney’s fees against him. See Alaska Rules of Appellate Procedure 45 and 29(d); Kodiak Western Alaska Airlines, Inc. v. Bob Harris Flying Service, Inc., 592 P.2d 1200, 1204-05 (Alaska 1979). The power to award attorney’s fees in such cases has existed at least since statehood and has been frequently exercised. We have never regarded such an award as having a chilling effect on the exercise of a,party’s statutory and constitutional right to seek judicial review and I see no reason to do so here.