By KTUU News Staff Becky Bohrer KTUU

10:23 a.m. AKDT, September 28, 2012
JUNEAU, Alaska—

The Alaska Supreme Court has upheld a lower court ruling finding that a Marine, who hadn't lived in the state for years but maintained residency, is not eligible for a Permanent Fund Dividend.
   
Brian Ross sued the state over a 1998 law stating that anyone allowably absent for 10 straight years would no longer be eligible for dividends.
   
According to the ruling, Ross was absent from the state since 1990, first as a student and later as a Marine Corps officer. However, he maintained residency and received a dividend until 2009, when he and his children were denied because of the new law.
   
Ross argued, among other things, that the 10-year rule violated due process rights.
   
A lower court upheld the denial and the high court affirmed this decision.