Justia Alaska Supreme Court Opinion Summaries

The primary issue in this appeal was whether boroughs have the implied or incidental authority to record a real property lien to secure payment of garbage-collection fees. In 2007 Virgilio and Rosemarie Sabado hired had a fire-damaged house on their property in Kodiak torn down. The contractor opened a commercial garbage account with the Kodiak Island Borough (Borough) and paid a deposit for placement of a construction dumpster near the property. Approximately $5,000 in garbage-service charges accrued. The Borough applied the deposit to this amount and began sending the contractor monthly bills for the balance. No payment was made and the account became delinquent. In October 2008 the Sabados sold the property to Cedric Cutler, who was unaware of the garbage account with the Borough. In December the Borough sent the contractor a letter advising him that a lien could be placed on the property if the account remained unpaid. No payment was made, and in January 2009 the Borough recorded a lien against the property. The Borough then sent lien-notice letters to the contractor and the Sabados, who were still listed as the property owners in the Borough’s tax files. In February 2010 the Borough petitioned to foreclose outstanding tax and garbage-service liens for years 2009 and prior. Cutler learned of the foreclosure proceeding and filed an answer and counterclaim, asserting the lien against his property was invalid and seeking damages for wrongful recording of a nonconsensual common law (NCCL) lien. Cutler appeals the superior court’s summary judgment ruling and default judgment entry with respect to the other garbage-service liens. Upon review, the Supreme Court concluded that boroughs did not have the authority to record liens to secure payment for garbage collection fees. View "Cutler v. Kodiak Island Borough" on Justia Law

In 2008 Robert Rude, then a sitting Cook Inlet Region, Inc. (CIRI) director, and three other candidates ran as an independent “New Alliance” slate for positions on the CIRI board of directors. Shortly before the election, CIRI filed suit, claiming that the New Alliance proxy materials contained materially misleading statements. Rude and his co-defendants counterclaimed, alleging that CIRI’s election procedures were unfairly tilted toward the interests of the current board and that the directors had improperly refused to disclose shareholder and corporate information to Rude and the other New Alliance candidates. The superior court granted summary judgment on all claims and counterclaims in favor of CIRI. As a result, the New Alliance proxies were voided, and Rude was not re-elected to the board. Rude appealed the rulings both on CIRI’s claims and his counterclaims. Although Rude’s claims were technically moot, the Supreme Court addressed them insofar as they potentially affected prevailing party status. Because no issue of material fact existed as to the claims at issue and because CIRI is entitled to judgment as a matter of law, the Supreme Court affirmed the superior court. In a separate appeal, Rude challenged four other rulings of the superior court: (1) the award of attorney’s fees to CIRI; (2) denial of his Rule 60(b) motion for relief from judgment; (3) the superior court’s exclusion of exhibits filed with that motion; and (4) dismissal of New Alliance as a party to this suit. Because the superior court did not abuse its discretion in any of these rulings, the Supreme Court affirmed the superior court in all respects. View "Rude v. Cook Inlet Region, Inc." on Justia Law

A father challenged a superior court’s decision to terminate his parental rights, arguing that the court’s conclusions were not supported by clear and convincing evidence, that termination was not in the best interests of the child, and that the court improperly considered certain facts. Because the record supported the superior court’s decision to terminate the father’s parental rights, and because the superior court properly considered the record as a whole, the Supreme Court affirmed. View "Sherman B. v. Dept. of Health & Social Services" on Justia Law

Tierice Coleman is the biological father of two minor sons, T.C. and J.C. T.C. was born in January 2000 to Elka McCullough, a woman with whom Coleman had a brief relationship. J.C. was born in March 2000 to Laura Bianchi, a woman with whom Coleman had a long-term relationship at the time of J.C.'s birth and with whom he was cohabitating at the time of trial. McCullough petitioned for child support with respect to T.C. Coleman did not contest that he owed support, but he argued that he should be allowed a deduction under Alaska Rule of Civil Procedure 90.3(a)(1)(D) because he was currently living with J.C., the child of his relationship with Bianchi, and his relationship with Bianchi commenced prior to his relationship with McCulluogh. McCullough argued that because J.C. was born after T.C., Coleman should not be allowed the deduction. The superior court concluded that Coleman was not entitled to a deduction. Coleman appealed the superior court's ruling to the Supreme Court who affirmed the superior court's decision. View "Coleman v. McCullough" on Justia Law

A bar served a man alcohol while he was visibly intoxicated, and the man murdered a woman later that evening. The lawyer representing the bar in the subsequent dram shop action did not attempt to add the murderer as a party for apportionment of fault. Following entry of a large judgment against the bar, the bar brought a legal malpractice suit against its attorney. The attorney moved to dismiss for failure to state a claim upon which relief could be granted, arguing that where case law is unsettled, as a matter of law an attorney cannot be held liable for an error in judgment. The superior court granted the motion and the bar appealed. "Because the existence of unsettled law does not excuse an attorney from fulfilling a duty of care," the Supreme Court reversed and remanded the case for further proceedings. View "L.D.G., Inc. v. Robinson" on Justia Law

In this appeal, the issue before the court concerned whether monetary damages are available to a prisoner for violations of the terms of a judicial decree approving the "Cleary Final Settlement Agreement." In 2004 appellee Corrections Corporation of America contracted with the State to house Alaska inmates at Corrections Corporation's Red Rock Correctional Center in Arizona. Byran Perotti was an Alaska inmate at Red Rock. He filed a complaint against Corrections Corporation alleging that Corrections Corporation violated provisions of its contract with the State, as well as various State Department of Corrections policies. He asserted standing as a third-party beneficiary to the contract between the State and Corrections Corporation. He based his argument on his status as a Cleary class member and the provisions of the Cleary Final Settlement Agreement, which settled the class action involving various inmate claims against the State of Alaska, Department of Corrections (DOC). Perotti's complaint sought liquidated damages under the DOC-Corrections Corporation contract, as well as compensatory damages, nominal damages, and punitive damages. Upon review, the Supreme Court concluded that the Cleary Final Settlement Agreement did not contemplate the award of monetary damages to enforce its provisions. Therefore the Court affirmed the superior court's decision granting Corrections Corporation's motion for summary judgment and dismissed all of Perotti's claims. View "Perotti v. Corrections Corporation of America" on Justia Law

A mother appealed the termination of her parental rights to her young son. The mother had a long history of substance abuse and relinquished parental rights to her older daughter in 2008 because she was unable to care for her. During the 18 months following the child’s removal, the mother continued to abuse drugs until she was incarcerated. At that point, she entered an intensive residential substance abuse program at the prison, which she successfully completed two weeks prior to the termination trial. In appealing the superior court’s order terminating her parental rights, the mother argued to the Supreme Court that the court erroneously: (1) denied her motion to continue the termination proceedings; (2) determined that termination was in the best interests of the child; and (3) failed to consider legal guardianship as an alternative to termination. Finding no reversible error, the Supreme Court affirmed the superior court's decision. View "Hannah B. v. Alaska" on Justia Law

Judith R. challenged the superior court's order terminating her parental rights to her son, "Dexter." The court terminated her rights based on her longstanding, unremedied mental illness. In its ruling on the record, the court sua sponte, directed the parties to consult with Dexter's therapist about the advisability of allowing continued contact between Judith and Dexter following termination of Judith's parental rights, but the court's written order made no mention of post-termination contact. On appeal, Judith challenged the superior court's finding that termination of her parental rights was in Dexter's best interests and the court's failure to issue a "detailed order regarding post-termination visitation." Because the court's best interests finding was supported by substantial evidence and because the court was not required to address post-termination contact in its termination order, the Supreme Court affirmed the superior court's decision. View "Judith R. v. Dept. of Health & Social Svcs." on Justia Law

In 1999, the Alaska Board of Fisheries (the Board) made a use finding in the Chitina subdistrict for the first time, changing it from a "personal use" to a "subsistence" fishery. The Board reversed this decision in 2003, returning Chitina to a personal use fishery. The Alaska Fish and Wildlife Conservation Fund (AFWCF) and the Chitina Dipnetters Association, Inc., after asking the Board to reconsider its 2003 finding in both 2005 and 2008, brought this suit to challenge the Board's negative customary and traditional use finding for Chitina. They claimed that the regulation used by the Board to make such a finding was unconstitutional on its face and as applied. The superior court held that the regulation was valid and constitutional, but remanded for the Board to fully articulate the standard being used in its application of the regulation. It also instructed the Board not to consider "the per capita consumption of wild food in the home community of various users" upon remand. On remand, the Board codified a definition of "subsistence way of life," allowed the parties to submit evidence, and upheld its previous classification. Because 5 AAC 99.010(b) was consistent with its authorizing statutes, was reasonable and not arbitrary, did not violate the Alaska Constitution's equal access provisions, and was constitutionally applied when the Board made its customary and traditional use finding for the Chitina fishery in 2003, the Supreme Court affirmed that portion of the superior court's rulings. Because there was no indication that the Board actually relied on the per capita consumption of wild foods in the users' home communities when applying 5 AAC 99.010(b) and because that information could have been relevant to the subsistence inquiry, the Supreme Court reversed that portion of the superior court's ruling. View "Alaska Fish & Wildlife Conservation Fund v. Alaska Dept. of Fish & Game" on Justia Law

Five disabled Alaskans sued their former representative payee. At the conclusion of trial, the superior court awarded both compensatory and punitive damages to the plaintiffs; it also entered injunctive relief against the representative payee as to both parties and non-parties. But it declined to enter other injunctive relief as to non-parties. Three of the plaintiffs appealed. They argued that the superior court failed to understand that non-party injunctive relief was available under Alaska's Unfair Trade Practices and Consumer Protection Act. Because the superior court actually entered non-party injunctive relief, the Supreme Court after its review of the case disagreed with the plaintiffs' characterization of the superior court proceedings and affirmed the superior court in all respects. View "Osbakken v. Whittington" on Justia Law