Standard for Review of Trial Court Action
A superior court abuses its discretion by making a decision that is arbitrary, capricious, manifestly unreasonable, or . . . stem[s] from an improper motive. The court uses the clearly erroneous standard when reviewing factual findings, including findings regarding a party’s income, imputation of income, and voluntary underemployment. Factual findings are clearly erroneous when, after reviewing the record as a whole, the court is left with a definite and firm conviction that a mistake has been made. The court reviews a superior court’s interpretation of the civil rules and the Alaska Constitution de novo.
Based upon this standard the Supreme court reversed a superior court ruling ordering the state to certify a ballot initiative on Set netting.
Alaska Fisheries Conservation Alliance. sp-7073 Set Netters Ballot Initiative
Posted on: 19 January 2016, by : Clayton Walker