Justia Alaska Supreme Court Opinion Summaries

Tesoro Corporation challenged its income taxes assessed for 1994 through 1998. The state Department of Revenue (DOR) calculated Tesoro’s Alaska income by applying a three-factor apportionment formula to Tesoro’s worldwide income, including that of its non-Alaskan subsidiaries. An administrative law judge ruled Tesoro was a unitary business that could be subject to formula apportionment, and that DOR could permissibly assess penalties against Tesoro. Tesoro appealed to the superior court, which affirmed. On appeal to the Supreme Court, Tesoro argued that only the income of its Alaska-based subsidiaries should have been subject to taxation in Alaska because Alaska’s tax scheme violates the Due Process and Interstate Commerce Clauses of the United States Constitution. Because Tesoro’s business was unitary, the Supreme Court rejected Tesoro’s challenge to the constitutionality of taxing all of its income under formula apportionment. Because Tesoro lacked standing to challenge the formula’s constitutionality, the Court did not reach the internal consistency issue Tesoro raised. Furthermore, the Court concluded that DOR permissibly imposed penalties on Tesoro. Therefore the Court affirmed the superior court decision that affirmed the administrative law judge’s decision and order. View "Tesoro Corporation v. Alaska Dept. of Revenue" on Justia Law

A mother appealed the termination of her parental rights to her child. On appeal, she questioned: (1) the child was a child in need of aid under AS 47.10.011; (2) that she failed to remedy the conduct that placed the child in need of aid; (3) the finding that the Office of Children’s Services (OCS) made reasonable efforts to reunify the family; and (4) that the termination of her parental rights was in the child’s best interests. Because all of the superior court’s rulings were supported by the record, the Supreme Court affirmed the court’s decision to terminate the mother’s parental rights. View "Casey K. v. Alaska" on Justia Law

The Nancy Lake State Recreation Area's ("the Park") governing regulations prohibit the use of motorized vehicles off of the Park's paved roads. However, the Park issues special use permits to owners of private property abutting the remote boundary of the Park that grant them the right to use all-terrain vehicles (ATVs) along the Butterfly Lake Trail to access their private property. The ATVs have damaged the Butterfly Lake Trail and the surrounding wetlands. SOP, Inc. sued to enjoin the Park from issuing these ATV permits. SOP moved for summary judgment, and the Park filed a cross-motion for summary judgment. The trial court denied SOP?s motion and granted the Park's motion, concluding "there [was] nothing in the statutes or regulations that justifies court intervention and invalidation of the permits." SOP appealed. Upon review, the Supreme Court held that the permits created easements because the Park could not revoke the permits at will. The Court therefore found the permits were illegal and accordingly reversed. View "SOP, Inc. v. Alaska" on Justia Law

At issue in this case was the termination of Sherman B.'s parental rights to his son Kadin M. The Office of Children's Services (OCS) took Kadin into custody shortly after his birth because he and his mother, Amy M., both tested positive for cocaine, and because of concerns about both parents' ability to care for the child. OCS had already been involved with Sherman for several years because of concerns with his other three children. The superior court terminated both Sherman's and Amy's parental rights to Kadin. Sherman appealed, contesting the court's findings that: (1) he abandoned Kadin; (2) that he failed to remedy the conduct that caused Kadin to be a child in need of aid; (3) that OCS made reasonable efforts to reunify the family; and (4) that termination of his parental rights is in Kadin's best interests. Finding no abuse of discretion, the Supreme Court affirmed. View "Sherman B. v. Alaska" on Justia Law

Kyle S. appealed a superior court decision that adjudicated his teenage daughter Jane a child in need of aid. Jane was taken into State custody when she was 15 years old, after she reported being physically abused by her stepmother. The superior court based its decision on Jane's propensity to run away; it made no findings about either Kyle or his wife. At the time of the adjudication hearing, Jane had several criminal charges pending. Kyle challenged the trial court's adjudication decision, arguing that the statutory subsection about runaways was unconstitutional as applied to him and that the court incorrectly concluded that the State made active efforts to prevent the family's breakup. Upon careful consideration, the Supreme Court concluded Kyle waived his constitutional argument by not raising it earlier and because the superior court's active-efforts decision was supported by the record. View "Kyle S. v. Alaska" on Justia Law

Chloe O. had a history of substance abuse and mental health issues. OCS took Chloe's fifteen-month-old daughter, Ashanti, into emergency custody because of Chloe's drug abuse, suicide attempts, assaultive behaviors, and affinity for unsafe people and situations. OCS made many unsuccessful attempts to assist Chloe in obtaining treatment for her substance abuse issues and, eventually, for her mental health issues. Following a trial, Chloe's parental rights to Ashanti were terminated. Chloe appealed the trial court's termination order on several grounds, one being that OCS failed to try to reunify Chloe's family. Before briefing was completed the parties agreed that the case should be remanded to allow the trial court to reconsider the active efforts question under the correct evidentiary standard. The trial court found, by clear and convincing evidence, that OCS had made active efforts to reunify Chloe's family. Chloe appealed the trial court's finding and ultimately, the court's decision to terminate her parental rights. Finding no reversible error, the Supreme Court affirmed in all respects. View "Chloe O. v. Alaska" on Justia Law

Claudio P. was incarcerated before his daughter Iris was born and was likely to remain incarcerated for a significant portion of Iris's childhood. Iris was taken into State custody in June 2010 due to her mother's substance abuse and unsafe conditions in her home. Claudio's mother requested that Iris be placed with her, but she was unable to maintain stable housing. Claudio provided the name of his father, who lived in South Dakota, as another placement option. OCS requested home studies under the Interstate Compact on the Placement of Children for each of Claudio's parents. Both home studies came back with positive recommendations shortly before the termination trial. Following the trial, the trial court terminated Claudio's parental rights to Iris and noted that Iris's permanent placement would be determined at a subsequent hearing. Claudio argued that the trial court erred by terminating his rights because OCS should have taken more action to place Iris with one of his parents. After its review, the Supreme Court concluded that OCS's investigation of Claudio's placement request was reasonable and timely, and that each of the trial court's challenged findings was supported by substantial evidence. View "Claudio P. v. Alaska" on Justia Law

The Alaska State Commission for Human Rights dismissed Gregg Conitz's complaint against his employer, Teck Alaska Incorporated. In his complaint, Conitz alleged the company discriminated in its promotion decisions. The superior court dismissed Conitz's appeal as moot, finding that the same claims had already been decided by a federal court and that the doctrine of res judicata precluded further claims if remanded to the Commission. Conitz appealed. Finding no reversible error, the Supreme Court affirmed the superior courts decision. View "Conitz v. Alaska State Commission for Human Rights" on Justia Law

Frank Griswold made a public records request for emails related to a public bond proposition. The City of Homer produced all of the emails requested, except for certain privileged emails and deleted emails that could not be recovered without expensive software. Griswold sought to compel the records not produced. Upon review, the Supreme Court concluded that there was sufficient record support for the superior court to decide that the city manager used "good faith and reasonable effort" to comply with the request. View "Griswold v. Homer City Council" on Justia Law

Appellant Hugo Rosales suffered an injury working on a fish-processing vessel. He filed both a workers' compensation claim and a maritime lawsuit. Appellant and the employer ultimately entered into a global settlement of both cases. The state Workers' Compensation Board initially rejected the settlement. Appellant later tried to withdraw from the settlement but changed his mind. At a hearing, he testified that the though the settlement was in his best interests. The Board approved the settlement after the hearing. Several months later, appellant moved to have the agreement set aside. The Board denied this request. The Workers' Compensation Appeals Commission affirmed the Board's decision. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Rosales. v. Icicle Seafoods, Inc." on Justia Law