Justia Alaska Supreme Court Opinion Summaries

There was one issue for the Supreme Court's resolution in this, the fifth appeal in this case. After the last remand, the superior court entered a judgment awarding the class a principal refund of $12.4 million with prejudgment interest exceeding $62 million. The question presented on appeal was whether one of the Court's previous decisions in this case, "Carlson III," incorrectly decided that the rate of prejudgment interest for unconstitutional commercial fishing license and limited entry permit fee overpayments was the statutorily imposed punitive interest rate for underpaid and overpaid taxes under Title 43 of the Alaska Statutes. Because the statute establishing prejudgment interest for underpayment and overpayment of taxes did not apply to the refund of overpayment of the commercial fishing fees involved in this case, and because the Court's earlier incorrect holding on this issue resulted in a manifest injustice, the Court concluded that its earlier decision on this issue must be overruled. Accordingly, the Court remanded this case for a new prejudgment interest calculation. View "Alaska Commercial Fisheries Entry Commission v. Carlson" on Justia Law

Appellant Jim Widmyer, a commercial fisher, applied for a permit to fish for sablefish. The State distributes these permits largely on the basis of past participation in the sablefish fishery, specifically participation between 1975 and 1984. Though Appellant had been unable to land many fish between 1975 and 1984, argued that he qualified for participation due to extraordinary circumstances. The Commercial Fisheries Entry Commission and the superior court both determined that Appellant did not qualify for participation due to extraordinary circumstances. The Supreme Court affirmed those decisions after review of the Commission record. View "Widmyer v. Alaska" on Justia Law

The superior court interpreted a statutory preference for the purchase of state land in a manner that disqualified Appellant Melvin Gillis, from which he appealed. Appellant is a professional sport hunting and fishing guide. He obtained a 25-year lease of five acres of state land in April 1989. Appellant built a lodge on the land, and the operation of the lodge and his guiding business were his principal sources of income. In 2005, the state Department of Natural Resources (DNR) conveyed lands, including the land Appellant leased, to Aleutians East Borough. DNR also transferred its interest in Appellant's lease to the Borough. Appellant offered to purchase the land in November 2005. The Borough Assembly rejected Appellant's offer but proposed a new lease agreement. Appellant did not execute the proposed lease, and in 2007 he claimed he was eligible to purchase the land under state law. The Borough then filed a declaratory judgment action, asking the superior court to determine whether Appellant qualified for a preference right to purchase the land. The issue on appeal was whether the applicable statute required an applicant to enter land while it was under federal ownership as a condition of the preference right. The superior court concluded that the plain meaning of the statute required an applicant to enter land when it was under federal ownership before the federal government conveyed the land to the state. The court entered summary judgment in favor of the Borough and DNR. Upon review, the Supreme Court affirmed the superior court's interpretation of the applicable statute and its summary judgment decision. View "Gillis v. Aleutians East Borough" on Justia Law