Justia Alaska Supreme Court Opinion Summaries

Articles Posted in Government & Administrative Law
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A man was unable to purchase a firearm because a background check revealed he was subject to a long-term domestic violence protective order (DVPO). He sued the State, claiming he was no longer subject to a protective order as defined by federal statute and sought a permanent injunction and declaratory judgment to have the Department of Public Safety (DPS) notify a national database that he was no longer subject to a protective order under 18 U.S.C. § 922(g)(8). He filed a motion for summary judgment, which the State opposed, filing a cross-motion for summary judgment. The superior court granted the State’s cross-motion, and the man appealed.The superior court found that the DVPO had not expired and remained a qualifying order under Section 922(g)(8). It also concluded that the man’s constitutional claims were not ripe because he had not initiated modification or dissolution of the order. The court entered a final judgment in favor of the State.The Supreme Court of the State of Alaska reviewed the case and affirmed the superior court’s decision. The court held that the DVPO remained in effect and was a qualifying order under 18 U.S.C. § 922(g)(8). The court found that the legislative history supported the interpretation that DVPOs issued under AS 18.66.100(c)(1) are effective until further order of the court. The court also concluded that the man’s remaining claims were not ripe for adjudication because he had not attempted to dissolve or modify the DVPO. View "Eng v. State" on Justia Law

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A plaintiff filed a lawsuit against the State, arguing that the statutory definition of "sustained yield" under AS 16.05.255(k) violates the Alaska Constitution’s sustained yield provision. The plaintiff contended that the legislature lacked the authority to define sustained yield and that the statutory definition contradicted the constitutional provision. The plaintiff sought declaratory and injunctive relief, requesting the court to declare the statute unconstitutional and to enjoin the State from enforcing it.The Superior Court of the State of Alaska, Third Judicial District, Anchorage, reviewed the case. The court denied the State’s motion to dismiss, which was based on res judicata and collateral estoppel, determining that the issues raised were not precluded by prior litigation. The court then granted summary judgment in favor of the State, concluding that the statutory definition of sustained yield in AS 16.05.255(k) complies with the Alaska Constitution.The Supreme Court of the State of Alaska reviewed the case on appeal. The court analyzed the plain meaning of the constitutional and statutory provisions, the intent of the framers of the Alaska Constitution, and relevant precedent. The court found that the legislature had the authority to define sustained yield in statute and that the statutory definition was consistent with the broad principle of sustained yield as intended by the framers. The court emphasized that the Constitution allows for legislative discretion in establishing management priorities for natural resources.The Supreme Court of Alaska affirmed the superior court’s judgment, holding that AS 16.05.255(k)’s definition of sustained yield does not violate the Alaska Constitution and that the statute has a plainly legitimate sweep. View "West v. State of Alaska" on Justia Law

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The City of Soldotna sought to expand its boundaries by annexing adjacent land and submitted an annexation petition to the Local Boundary Commission (Commission) for legislative review. The Commission, however, decided to convert the petition to a local vote, exercising its authority under a regulation that had not been previously used. Soldotna appealed the Commission’s decision, arguing that the Commission exceeded its authority, the regulation was invalid due to lack of standards and required rulemaking, there was insufficient basis for the decision, and the decision was internally inconsistent.The Superior Court of the State of Alaska, Third Judicial District, Kenai, upheld the Commission’s decision. The court found that the regulation under which the Commission acted was authorized by the Alaska Constitution and that the Commission’s decision to convert the petition was reasonable. The court held that the Commission acted within its statutory grant of authority and had a reasonable basis for converting the petition.The Supreme Court of the State of Alaska reviewed the case and affirmed the superior court’s decision. The court held that the Commission had the authority under the Alaska Constitution and relevant statutes to adopt the regulation allowing it to convert a legislative review petition to a local action petition. The court found that the regulation provided a standard by requiring the Commission to balance the best interests of the locality and the state. The court also determined that the Commission’s decision had a reasonable basis in the record, considering the public opposition to the annexation and the support for local action from the Kenai Peninsula Borough. The court concluded that the Commission acted within its discretion and expertise in deciding to proceed by local action. View "City of Soldotna v. State" on Justia Law

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The case involves the termination of parental rights of an incarcerated father, Anton K., to his two daughters, Allie and Melissa, who are Indian children under the Indian Child Welfare Act (ICWA). The Office of Children’s Services (OCS) removed the children from their parents' home due to allegations of abuse and neglect. Anton was later incarcerated on charges of physical and sexual assault against the children's mother, Keri K., and remained in custody throughout the proceedings.The Superior Court of Alaska, Third Judicial District, Palmer, initially found probable cause to believe the children were in need of aid and that OCS had made active efforts to avoid removing them. OCS developed case plans for both parents and facilitated some initial visitation. However, after Anton's incarceration, OCS's efforts to facilitate visitation and provide rehabilitative services were limited, partly due to COVID-19 restrictions and miscommunications with the Department of Corrections (DOC). OCS continued to work with Keri and the children's Tribe, eventually placing the children with maternal relatives after efforts to place them with paternal relatives failed.The Supreme Court of the State of Alaska reviewed the case and affirmed the Superior Court's order terminating Anton's parental rights. The court held that OCS had made active efforts to prevent the breakup of the family, considering the entirety of its efforts, including those directed at Keri and the children's extended family. The court acknowledged the significant gaps in OCS's efforts to facilitate visitation and provide services to Anton while incarcerated but concluded that the overall efforts, including those to reunify the children with Keri and place them with relatives, were sufficient under ICWA. View "Anton K. v. State" on Justia Law

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Seth Lookhart, a dentist, was convicted of numerous crimes related to a fraudulent scheme that endangered his patients' health and safety. The scheme involved unnecessary sedation of patients to fraudulently bill Alaska’s Medicaid program, overcharging it by more than $1.6 million. Lookhart also stole $412,500 from a business partner. His reckless sedation practices nearly resulted in the loss of two patients' lives. He was arrested in April 2017 and convicted on 46 charges in January 2020, leading to a sentence of 20 years in prison with eight years suspended.Following Lookhart's convictions, the Division of Corporations, Business and Professional Licensing sought to revoke his dental license. Lookhart agreed to the facts of the accusation but argued that revocation was not an appropriate sanction. The administrative law judge (ALJ) disagreed, stating that Lookhart's misconduct was more severe than any prior case and that revocation was the clear and obvious sanction. The Board of Dental Examiners adopted the ALJ's decision.Lookhart appealed to the superior court, arguing that the Board's decision was inconsistent with its prior decisions. The court disagreed, stating that the Board had wide discretion to determine appropriate sanctions and that no prior case was comparable to Lookhart's. The court affirmed the Board's decision. Lookhart then appealed to the Supreme Court of the State of Alaska.The Supreme Court affirmed the lower court's decision. It held that the Board of Dental Examiners did not abuse its discretion by revoking Lookhart's license. The court found that none of the Board's prior licensing cases involved misconduct of the scope and severity in this case, so there was no applicable precedent to limit the Board's exercise of its discretion. View "Lookhart v. State of Alaska, Board of Dental Examiners" on Justia Law

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The case involves the Alaska Trappers Association and the National Trappers Association (collectively, the Trappers) who challenged a city ordinance enacted by the City of Valdez. The ordinance regulated animal trapping within the city limits, barring trapping in certain areas for the purpose of protecting public safety and domesticated animals. The Trappers argued that the ordinance was invalid and unconstitutional, asserting that it was preempted by state law and violated the Alaska Constitution.The Superior Court of the State of Alaska, Third Judicial District, Valdez, granted summary judgment in favor of the City of Valdez. The court concluded that the legislature's delegation of authority to the Board of Game was limited and did not grant the Board exclusive control of trapping. The court also determined that the ordinance did not directly contradict state regulations.Upon appeal, the Supreme Court of the State of Alaska affirmed the lower court's decision. The Supreme Court held that the ordinance was not prohibited by the Alaska Constitution or the legislature’s delegation of authority over fish and game to the Board. The court concluded that the ordinance was not impliedly prohibited by state law, as it was enacted pursuant to Valdez's authority to regulate land use and public safety, and was not substantially irreconcilable with the State's authority to regulate the conservation, development, or utilization of game. View "Alaska Trappers Association, Inc. v. City of Valdez" on Justia Law

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The City of Valdez in Alaska appealed two orders by the Regulatory Commission of Alaska (RCA) related to the transfer of the Trans-Alaska Pipeline System (TAPS) from BP Pipelines (Alaska) Inc. (BPPA) to Harvest Alaska, LLC. The first order (Order 6) approved confidential treatment of certain financial statements submitted by the oil company and its affiliates. The second order (Order 17) approved the transfer of a required certificate and the authority to operate the pipeline. The Superior Court dismissed Valdez’s appeals, concluding that Valdez lacked standing, failed to exhaust available administrative remedies, and the case was moot. The court also ordered Valdez to pay a portion of the attorney’s fees of the oil company and other companies involved in the proceedings.The Supreme Court of the State of Alaska reversed the dismissal of the appeal of Order 6, affirmed the dismissal of the appeal of Order 17, and vacated the award of attorney’s fees. The court found that Valdez had standing to appeal both orders, the appeals were not moot, and Valdez had exhausted administrative remedies with respect to Order 6 but not Order 17. The court remanded the case for further proceedings. View "City of Valdez v. Regulatory Commission of Alaska" on Justia Law

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The case revolves around a dispute between the City of Valdez and the Prince William Sound Oil Spill Response Corporation, the State of Alaska, Department of Revenue, and the State Assessment Review Board. The City of Valdez appealed the State's determination that certain property was not taxable. After nearly two decades of administrative and court proceedings, Valdez won. However, due to the length of the litigation, Valdez has not been able to collect taxes on the property that should have been taxed.The Superior Court of the State of Alaska, Third Judicial District, Anchorage, ruled that even though the State wrongly determined certain property was not taxable, the State cannot now assess taxes on this property if more than three years have passed since the taxpayer filed its tax return. According to this ruling, taxes may be assessed on this property only for the most recent tax years. Valdez appealed this decision.The Supreme Court of the State of Alaska affirmed the superior court’s decision. The court held that the statutory text is clear and does not suggest that the legislature intended something other than the plain meaning of the text. The court also disagreed with Valdez's argument that it is impossible for a municipality to challenge a taxability determination in less than three years. The court concluded that AS 43.05.260’s three-year limitations period applies to tax assessments under AS 43.56, even if Revenue’s initial decision not to tax certain property was wrong. View "City of Valdez v. Prince William Sound Oil Spill Response Corporation" on Justia Law

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The Supreme Court of the State of Alaska considered whether law enforcement officers violated the Alaska Constitution by conducting warrantless aerial surveillance of a private property with high-powered optics to investigate a tip about marijuana cultivation. The property was located in an isolated area near Fairbanks and was surrounded by trees that obstructed ground-level view. The officers' aerial surveillance aided by a high-powered zoom lens led to a search warrant, which uncovered marijuana plants, methamphetamine, scales, plastic bags for packaging, a loaded AK-47 rifle, and a large amount of cash. The defendant, McKelvey, was subsequently charged with criminal offenses.The Superior Court denied McKelvey's motion to suppress the evidence obtained from the aerial surveillance, holding that although McKelvey had a subjective expectation of privacy, this expectation was objectively unreasonable given the visibility of his property from the air. On appeal, the Court of Appeals reversed the ruling, holding that under the Alaska Constitution, a warrant was required for law enforcement to use high-powered optics for aerial surveillance of a private property.The Supreme Court of Alaska affirmed the decision of the Court of Appeals. It held that conducting aerial surveillance of a person's property using high-powered optics constitutes a search that requires a warrant under the Alaska Constitution. The court reasoned that such surveillance has the potential to reveal intimate details of a person's private life and could discourage Alaskans from using their private outdoor spaces. The court concluded that the chilling effect of such surveillance outweighed the utility of the conduct as a law enforcement technique. View "State of Alaska v. Mckelvey" on Justia Law

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This case concerned the Office of Children’s Services' (OCS) decision to take emergency custody of a baby who tested positive for drugs at birth, and the subsequent legal proceedings that ensued. Both parents initially expressed interest in voluntarily relinquishing their parental rights, but the court found that the relinquishments were not valid because the forms were not dated or signed by an OCS witness. The foster parents opposed OCS's plan to move the baby from their home to her maternal aunt’s home and were granted permission to intervene for a placement review hearing. After the hearing, the court concluded that OCS had abused its discretion in deciding to move the child and granted the mother's motion to withdraw her putative relinquishment. The foster parents then filed a motion to reconsider the order allowing the mother to withdraw her relinquishment. The court granted the foster parents’ motion and reversed its order withdrawing the relinquishment. The court then terminated the parental rights of both parents without holding an evidentiary hearing. OCS and both parents appealed the superior court’s decisions. The Supreme Court of the State of Alaska held that it was error to allow the foster parents’ continued intervention, to reinstate the relinquishments, and to terminate parental rights. The court vacated all the orders relating to those errors and remanded the case to the superior court for further proceedings. The court clarified that it was an abuse of discretion to permit the foster parents to continue to intervene regarding the validity of the parents’ relinquishments, to revisit the validity of the relinquishments, and to issue termination orders without providing the parties with notice and an opportunity to be heard, as well as a legal error to issue a termination order without making a best interests finding. View "Tara R. v. State of Alaska" on Justia Law