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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 68. Miscellaneous Provisions
- Section 50. Civil Liability For Malicious Claim Against State Permitted Project.
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AS 09.68.050. Civil Liability For Malicious Claim Against State Permitted Project.
- (a) A person who initiates or maintains a malicious claim for injunctive relief against a state permitted project is, in
addition to any other penalty or sanction provided by law, liable in a civil action to the permittee or owner of the
project for all of the following:
- (1) actual damages suffered by the permittee or owner of the project as a result of the malicious claim, including
- (A) wages and salaries paid to employees or contractors idled or put to nonproductive labor as a result of prosecution of
the malicious claim; and
- (B) increased material costs caused by prosecution of the malicious claim; and
- (2) incidental or consequential damages arising under contracts associated with the project that were caused by
prosecution of the malicious claim.
- (b) The liability of a person for damages under this section is in addition to liability for an award of reasonable
attorney fees and costs that may be made to a prevailing party under the Alaska Rules of Civil Procedure.
- (c) For purposes of this section, a person "initiates or maintains a malicious claim for injunctive relief against a state
permitted project" if
- (1) the person initiates or maintains a baseless legal or administrative claim, including an original claim, a
counterclaim, or a cross-claim, against a project or activity in the state requiring one or more permits,
authorizations, or approvals from a state agency;
- (2) the claim is rejected by a court or administrative tribunal of competent jurisdiction or otherwise terminated adverse
to the person;
- (3) the claim is initiated or maintained in bad faith for an end other than the end it was designed to accomplish;
- (4) the person acts with malice in initiating or maintaining the claim; and
- (5) the permittee or owner of the project is damaged by the initiation or maintenance of the claim.
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