Seybert v. Alsworth

A group of Lake and Peninsula Borough voters filed suit against two local elected officials, alleging various violations of state and local conflict of interest laws and the common law conflict of interest doctrine. The officials moved for summary judgment on the ground that the voters failed to exhaust administrative remedies. The superior court granted the motion and stayed the proceedings so that the Alaska Public Offices Commission (APOC) could review several of the voters’ claims. In doing so the court relied in part on case law involving the separate doctrine of primary jurisdiction, which allowed a court to stay proceedings to give the relevant administrative agency an initial pass at the claims. The matter came before the Supreme Court, and it reverse the superior court’s order after review, finding that because the voters were not required to exhaust administrative remedies and because the order staying the proceedings could not be affirmed on independent grounds. View "Seybert v. Alsworth" on Justia Law