Schmidt v. Department of Natural Resources
Schmidt v. Department of Natural Resources
Opinion of the Court
OPINION
In 1965, Doris Schmidt leased a stretch of tidal lands from the Department of Natural Resources, State of Alaska (DNR), to be used solely for the purpose of set net fishing. The lease was for a period of ten years. It expired on April 13, 1975; in 1976, an application to lease the same stretch of land was made to DNR by Robert Schmidt, Doris’s husband, as trustee for Ar-min Schmidt, their son. Soon thereafter, Mrs. Schmidt submitted an application for that same site, claiming that she was entitled to a preference in issuance of the new lease under the terms of her prior lease.
On January 27, 1975, the DNR wrote to Mrs. Schmidt advising her that the lease would expire in April 1975, and that if she wished to extend the lease, she was to sign a document enclosed with the letter and return it to the department within thirty days, accompanied by a payment of $40.00 for the next annual rental. The enclosed
The Director of the Division of Land and Water Management (Director) decided to lease the site to Mr. Schmidt. He found that Mrs. Schmidt was not entitled to a preference, and that Armin was the most qualified applicant. The Commissioner of the Department of Natural Resources (Commissioner) affirmed the Director’s decision.
On appeal to the superior court, the administrative action was approved. This appeal followed.
Mrs. Schmidt alleges that the right to a preference arises under Clause 21 of her lease, which stated:
A lessee under an existing lease shall, upon the expiration or the termination by mutual agreement of said lease, be allowed a preference right to release those lands previously leased by him if all other sections of these regulations are complied with. When the lease is offered to the preference right holder, he shall exercise his right within thirty (30) calendar days after said lease is offered by the Director. Failure to do so shall result in forfeiture and cancellation of the preference right. No preference right shall inure to a lessee whose lease has been cancelled or terminated for cause.
The DNR responds that Clause 21 does not grant preferred status unless the leaseholder has given notice of a desire to renew the lease prior to its expiration, pursuant to Clause 20 of the lease:
If the Lessee desires a renewal lease on the lands, he shall not sooner than ninety (90) calendar days prior to the expiration of his lease make application for renewal lease in writing, certifying as to his interest therein, the purpose for which he desires a renewal lease and such other information as the Director may require. The applicant shall deposit with such application the sum equivalent to fifty percent (50%) of the annual rental payment still in effect, but not to exceed $50.00. The Director may thereafter lease said lands in compliance with all sections of the regulations with a preference being allowed the former lessee.
Mrs. Schmidt argues that Clauses 20 and 21 confer two distinct preferences, one being the right to a renewal of the lease when application is made in accordance with Clause 20, and the other being the right to a preference after the lease has expired, a right which she claims extends in time indefinitely so long as no new lease is made on that property. DNR argues that only a single preference is created, one that arises at the time the lease lapses. Clause 20 establishes the prerequisite to that right, and Clause 21, it says, establishes the cutoff date for the preference.
We find it unnecessary to resolve the dispute as to these two confusing provisions
The judgment of the superior court approving the administrative decision is AFFIRMED.
. Clause 21 was taken verbatim from then-existing 11 AAC 64.400. The requirement of compliance .with “these regulations,” in the context of the lease, may be read as a requirement of compliance with the other lease terms, or literally, as a requirement of compliance with applicable regulations. It makes little difference, since compliance with the regulations is made a term of the lease at Clause 15.
. The two sections of the regulations upon which these clauses are based, 11 AAC 64.390 and 11 AAC 64.400, have since been repealed.
Reference
- Full Case Name
- Doris M. SCHMIDT v. DEPARTMENT OF NATURAL RESOURCES, State of Alaska
- Status
- Published