Justia Alaska Supreme Court Opinion Summaries

Andrew G. Horwath, Sr. died in 1991. His widow, Marjorie Horwath, later moved to Minnesota to live with their daughter, Mary Jaworski. A Minnesota court entered a conservatorship order for Marjorie, appointing Mary "Conservator of the Person" and Michael Horwath (Andrew and Marjorie's son and Mary's brother) "Conservator of the Estate." Marjorie died in 2001, and Michael died in 2007. Michael served for a time as personal representative of Andrew's estate and applied to do so for Marjorie's estate too, but was not formally appointed. Another Horwath daughter, Sue Streets, became the personal representative for the estates of Andrew, Marjorie, and Michael. In November 2008 Mary presented claims against all three estates, alleging that her then-deceased brother Michael had not always made a court-ordered monthly payment to her for their mother's care and that Michael had not reimbursed her for improvements she made to her house while caring for Marjorie. Mary also claimed Michael had improperly dissipated property and mismanaged both parents' estates. Sue issued a disallowance o f these claims in December 2008, asserting that the claims were unfounded and time-barred under both the non-claim statute and the applicable statutes of limitations. Mary petitioned for an extension of time to initiate proceedings on her disallowed claims. Sue opposed the motion, arguing that no extension could be allowed because all of Mary's claims were barred by the applicable statutes of limitations. The superior court denied Mary's extension petition on grounds that her claims were barred by applicable statutes of limitations. Mary unsuccessfully moved for reconsideration, The court did not respond to the motion for reconsideration, and Mary subsequently appealed. Upon review, the Supreme Court found that although Mary's statement of issues on appeal asserted the superior court erred by denying her requested extension because she "exceeded the period under the statute of limitations," thereby causing a "forfeiture" of her claims, the legal arguments in Mary's opening brief did not address this issue. The issue before the superior court was neither the merits of Mary's claims nor the merits of personal representative Sue 's disallowance of Mary's claims for failure to comply with the non-claim statute. The issue before the court was Mary's requested extension of time to contest Sue's disallowance of Mary's claims. The court denied the extension because the applicable statutes of limitations already had run on all of Mary's claims. Having failed to argue the statute of limitations issues in the superior court or in her opening brief to the Supreme Court, Mary was deemed to have waived these issues. The superior court's decision was therefore affirmed. View "Jaworski v. Estates of Horwath" on Justia Law

In 2008, Alaska's Board of Certified Real Estate Appraisers imposed professional sanctions on appraiser Appellee-Cross-Appellant Kim Wold for violations of the Uniform Standards of Professional Appraisal Practice (USPAP). The Board relied in large part on the views of a distinguished expert in Alaskan real estate appraisal who performed a "desk review" of Appelle's work. The expert concluded that the appraiser committed numerous violations of the USPAP. Though the Supreme Court reviewed the Board's findings with great deference, it concluded that none of the Board's findings of USPAP violations were supported by substantial evidence in light of the whole record. The Court thus affirmed the superior court's reversal of the Board's findings of USPAP violations, and reversed the single violation that the superior court affirmed. View "Dept. of Commerce & Economic Development v. Wold" on Justia Law

An employer petitioned the Alaska Workers' Compensation Board for reimbursement from the Second Injury Fund for payments it made to a disabled worker. The Fund opposed the petition. After a hearing, the Board granted the petition. The Fund asked the Board to reconsider its decision in December 2009. The hearing officer told the parties that he would inform them in writing by the end of January 2010 about what action the Board was taking on the reconsideration request. Instead, in April 2010 the hearing officer sent a prehearing conference summary indicating that the reconsideration request had been denied by operation of statute. The next day the Fund filed a notice of appeal and a motion to accept a late-filed appeal with the Alaska Workers' Compensation Appeals Commission. The Commission denied the Fund's request to file its appeal late and dismissed the appeal. Because the Supreme Court concluded that the Fund filed a timely appeal, it reversed the Commission's decision and remand for consideration of the Fund's appeal. View "Dept. of Labor & Workforce Development v. Tongass Business Center" on Justia Law

58-year-old Asian-American Appellant Sue Grundberg alleged that she was discriminated against when her employer, the Alaska Department of Transportation and Public Facilities, denied her a promotion to the position of Engineer II, and instead hired "a younger less qualified" Caucasian man for the position. She filed a complaint with the State Commission for Human Rights, which initiated an administrative investigation of the hiring decision. At the conclusion of the investigation, the Commission issued a written determination that Appellant had failed to produce substantial evidence of unlawful discrimination by the Department. On appeal, the superior court affirmed the agency determination. Because Appellant produced evidence sufficient to create an inference that the Department's alleged reason for not hiring her is a pretext for discrimination, the Supreme Court reversed. View "Grundberg v. Alaska State Commission for Human Rights" on Justia Law

A father appealed the termination of his parental rights to his daughter, an Indian child within the meaning of the Indian Child Welfare Act (ICWA). He challenged the superior court's findings that the Office of Children's Services (OCS) made active efforts to prevent the breakup of his Indian family, arguing that OCS failed to investigate placement with his extended family members and did not provide him with adequate visitation and remedial services. Upon review, the Supreme Court concluded that OCS made active efforts, and accordingly affirmed OCS's decision. View "Josh L. v. Dept. of Health & Social Services" on Justia Law

This case arose from a Child In Need of Aid (CINA) case involving four Indian children who were removed from their parents’ care due to substance abuse and domestic violence. The children were placed with their maternal grandmother, who claimed that the Office of Children’s Services (OCS) permanently removed the children and placed them with a non-Native foster family while she was away in Montana caring for her elderly mother. There were substantiated reports of harm relating to the grandmother’s care, and the tribe expressed dissatisfaction with the children’s placement with their grandmother. After removing the children, OCS did not provide the grandmother with notice of scheduled permanency or placement hearings for the children. Over a year after returning from Montana, the grandmother formally requested that the children be placed with her. OCS denied this request and the grandmother appealed, arguing that the children should be placed with her and that the failure to provide her with notice of hearings conducted during the preceding year violated her due process rights. After a full hearing, the superior court denied the request, finding good cause to deviate from the Indian Child Welfare Act’s (ICWA) placement preferences. The court further concluded that the grandmother was neither entitled to notice of earlier hearings nor prejudiced by a lack of notice. After the superior court proceedings, the children were adopted by the foster family with whom they had bonded. The grandmother appealed the adoption. Upon review, the Supreme Court found that because there was not good cause to deviate from the ICWA preferences, the adoption should be set aside and OCS should begin to reunify her with her grandchildren. The grandmother was correct in her argument that she did not receive proper notice of the earlier permanency proceedings. But because any prejudice to the grandmother was cured by the subsequent hearing in which she participated and was able to present evidence and cross-examine witnesses, and because the superior court did not commit plain error by finding good cause to deviate from ICWA’s placement preferences, the Court affirmed the superior court’s ruling. View "Paula E. v. Alaska" on Justia Law

An eastbound driver (Shawn Mickelsen) attempted to make an illegal left turn into a restaurant's exit driveway. The eastbound driver collided with an oncoming westbound driver, killing the westbound driver. The decedent's estate sued the restaurant for wrongful death, arguing that the restaurant was negligent in creating a dangerous condition on its land and failing to take steps to make the condition safe, for example, by warning eastbound drivers not to use the exit driveway in this manner. The superior court dismissed the complaint, holding that the restaurant had no duty to guard against risks created by the conduct of third parties. Because the complaint, read liberally, stated a cause of action, the Supreme Court reversed the decision of the superior court and remanded for further proceedings: "[i]t may yet be proper for the superior court to dismiss Mickelsen's claim on summary judgment, or it may be that the case must go to trial. But Mickelsen's claim cannot be dismissed as a matter of law based on [the restaurant's] owing no duty of care to passing motorists allegedly endangered by the artificial conditions on [its] property." View "Estate of Shawn Martin Mickelsen v. North-Wend Foods, Inc." on Justia Law

Petitioner Sherman "Red" Smith built and operated a sawmill on 14 acres of land under a special-use permit from the U.S. Forest Service. He alleged that Alaska acquired title to the land and conveyed it to a third party without acknowledging his claim or compensating him for his improvements. The last disputed conveyance of the land took place in 1983. The superior court dismissed Petitioner's claim, finding it to be time-barred under any applicable statute of limitations. The superior court also ruled in favor of the State on two alternative grounds: first, concluding that sovereign immunity bars fraud actions against the State and second, determining that res judicata bars the relitigation of a claim the superior court previously dismissed in 2007. Petitioner appealed, arguing that statutes of limitations cannot bar claims brought for the vindication of constitutional rights. Because statutes of limitations do apply to constitutional claims, and because Petitioner did not allege harm amounting to a continuing violation, the Supreme Court affirmed the superior court's dismissal of Petitioner's claim as time-barred. The Court also affirmed the superior court's alternative finding that the 2007 dismissal of Petitioner's previous claim bars his current action. View "Smith v. Alaska" on Justia Law

A couple lived together briefly in New Mexico and then separated, with the man moving permanently to Alaska. Shortly after he moved, the woman ("Stephanie W.") discovered that she was pregnant and gave birth to a son. The child had no contact with his father for the first three years of his life. At his paternal grandmother's initiative, the child then visited his father in Alaska several times over a three-year period, including a year-long visit during which he attended kindergarten in Alaska. After the boy returned to New Mexico, the boy's father filed for legal and primary physical custody. After a trial, the superior court awarded primary physical custody to the father and summertime visitation to the mother. Legal custody as to schooling decisions was awarded to the father. Legal custody as to all other decisions was awarded jointly to the mother and father. The mother appealed. Because Stephanie has not shown that the superior court's findings on a sexual abuse issue were clearly erroneous, the Supreme Court affirmed the superior court's finding that the child had not been sexually abused by the father. But the Court remanded the custody issue for a new consideration of the best interests of the child in two respects: (1) Because Stephanie brought her allegations of sexual abuse against the father in good faith, the Court remanded for reconsideration of the "close and continuing relationship" factor in accordance with this opinion; and (2) because the court did not discuss the father's ongoing obligation to support the child, the Court remanded for consideration of the continuity and stability factor. View "Stephanie W. v. Maxwell V." on Justia Law

Citizens sought a ballot initiative to eliminate the special regulations that govern real property transactions in a local economic development area. After the municipal clerk twice denied their petition for a ballot initiative, the sponsors sued for an order placing the initiative on the ballot. Finding the petition to be both contrary to existing law and misleading, the superior court upheld the municipal clerk's denial. The sponsors appealed. Because the Supreme Court concluded that the petition is neither contrary to existing law nor misleading, it reversed. View "Sitkans for Responsible Government v. City & Borough of Sitka" on Justia Law