Section 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.

Notes

History

(Sec. 2 ch 81 SLA 2003)