UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ALASKA RAILROAD No. 22-35573 CORPORATION, D.C. No. 3:20-cv- Plaintiff-Appellee, 00232-JMK v. FLYING CROWN SUBDIVISION ORDER AND ADDITION NO. 1 AND ADDITION OPINION NO. 2 PROPERTY OWNERS ASSOCIATION, a non-profit,

Defendant-Appellant, and MUNICIPALITY OF ANCHORAGE, DEPT OF LAW,

Intervenor-Defendant.

Appeal from the United States District Court for the District of Alaska Joshua M. Kindred, District Judge, Presiding

Argued and Submitted August 15, 2023 Anchorage, Alaska

Filed December 29, 2023 2 ALASKA R.R. CORP. V. FLYING CROWN SUBDIVISION

Before: Richard A. Paez, Jacqueline H. Nguyen, and Bridget S. Bade, Circuit Judges.

Order; Opinion by Judge Nguyen

SUMMARY *

Property Law

In a case in which Chief Judge Murguia is recused and Judge Bade was drawn as a replacement judge, the panel (1) withd