Alaska lawmakers on Wednesday approved spending $85,000 to continue a legal battle with Gov. Mike Dunleavy over an executive order he issued to establish an agriculture department.

The Alaska Legislative Council voted unanimously to increase a previously approved contract for legal services with Stoel Rives, from $100,000 to $185,000, after Dunleavy appealed a lower court ruling in favor of the Legislature to the Alaska Supreme Court.

The Legislature is seeking to keep intact the Superior Court order issued in December that found an executive order issued by Dunleavy to create an agriculture department was unlawful.

Dunleavy first issued an executive order early last year seeking to create an agriculture department, reasoning that such a department would improve Alaska's food security and bolster the state's farmers. Currently, the state's agriculture policies are determined by a division within the Department of Natural Resources.

The Legislature narrowly voted down Dunleavy's order in March, citing the potential cost of the department and lawmakers' interest in creating an agriculture department through legislation, which they can amend, rather than an order that is subject to an up-or-down vote.

But Dunleavy again introduced a similar order during a 30-day special session he called in August.

Leaders of the House and Senate declined to take up the order, arguing that Dunleavy was constitutionally barred from reintroducing the same action by executive order, after the Legislature had rejected it in a regular session several months prior.

After lawmakers took the governor to court over the matter, Juneau Superior Court Judge Marianna C. Carpeneti ruled in favor of the Legislature, stating that "a review of the Constitutional drafting history makes it clear that the framers intended executive orders to be considered during only a regular session."

In its appeal, Dunleavy's Department of Law argued that the Superior Court's approach "was upside down, prioritizing the drafting history" over the plain text of the Alaska Constitution.

The Dunleavy administration asked the Supreme Court last month to set an expedited hearing schedule. The court declined the administration's request.

Senate leaders on Tuesday reiterated that they remain open to the idea of creating an agriculture department through legislation.

"But it will be low on the list of priorities," said Senate Majority Leader Cathy Giessel, an Anchorage Republican.

Sen. Bill Wielechowski, an Anchorage Democrat, called Dunleavy's appeal "a waste of time" and "a waste of money."

"I think the state's resources would be better spent doing other things," he said.

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