Justia Alaska Supreme Court Opinion Summaries

A corporate shareholder alleged the corporation violated his statutory right to inspect certain records and documents. The superior court found that the shareholder did not assert a proper purpose in his request. The shareholder appealed, arguing the superior court erred by finding his inspection request stated an improper purpose, sanctioning him for failing to appear for his deposition, and violating his rights to due process and equal protection by being biased against him. After review, the Alaska Supreme Court reversed the superior court’s order finding that the shareholder did not have a proper purpose when he requested the information at issue from the corporation, but it affirmed the superior court’s discovery sanctions. View "Pederson v. Arctic Slope Regional Corporation" on Justia Law

An Alaska superior court ordered a landowner to temporarily remove a tourist railway it had built across an easement on his land to allow the easement holder to build a paved road capable of dedication as a public right-of-way. The court required the railway, once reinstalled, to be operated in ways designed to lessen interference with use of the road. Further, the court ruled that the landowner would be liable for any increased construction and dedication costs the easement holder incurred as a result of the railway crossing. On appeal the easement holder argued the court erred by permitting the landowner to make reasonable use of land covered by the easement; allowing the landowner to build permanent improvements in the easement; limiting the road width to 60 feet when the width of the granted easement was 100 feet; permitting improvements that would allegedly interfere with the ability to dedicate the easement; and failing to account for time needed to obtain administrative approvals when setting a road construction schedule. The landowner cross-appealed, claiming it was the prevailing party entitled to attorney’s fees. Seeing no error in the superior court’s rulings, the Alaska Supreme Court affirmed the superior court. View "Reeves, et al. v. Godspeed Properties, LLC, et al." on Justia Law

The City and Borough of Sitka, Alaska allowed an independent nonprofit organization to host a public event at a city facility. The nonprofit organization arranged for a volunteer to hang decorations in the facility; a decoration fell, injuring an event participant. The injured participant sued the City, but not the nonprofit organization, for negligence. The City brought a third-party allocation of fault claim against the volunteer. The parties sought summary judgment, and the trial court concluded that, under federal law, the volunteer could not be held financially responsible for the accident and that the City could not be held vicariously liable for the volunteer’s actions. The remaining negligence issues were decided at a jury trial; the jury determined that the volunteer and the city had not been negligent and therefore were not liable for the accident. The event participant appealed. Finding no reversible error, the Alaska Supreme Court affirmed the trial court judgment. View "Sulzbach v. City & Borough of Sitka, et al." on Justia Law

The State of Alaska claimed the right under Revised Statute 2477 (RS 2477) to clear land and permit the use of boat launches, camping sites, and day use sites within an alleged 100-foot right of way centered on a road on land belonging to an Alaska Native corporation. The Native corporation sued, arguing that its prior aboriginal title prevented the federal government from conveying a right of way to the State or, alternatively, if the right of way existed, that construction of boat launches, camping sites, and day use sites exceeded its scope. After years of litigation and motion practice the superior court issued two partial summary judgment orders. It held as a matter of law that any preexisting aboriginal title did not disturb the State’s right of way over the land. It also concluded as a matter of law that the right of way was limited to ingress and egress. Because the superior court did not err when it granted the State’s motion regarding aboriginal title, the Alaska Supreme Court affirmed that grant of partial summary judgment. But because the scope of a particular RS 2477 right of way was a question of fact, the Supreme Court reversed the trial court's conclusion as a matter of law that the State’s right of way was limited to ingress and egress. View "Ahtna, Inc. v. Alaska Department of Transportation & Public Facilities, et al." on Justia Law

Jennifer Monegan was the birth mother of a child born in 2011, and Scout Monegan was the child’s adoptive father. Gregory and Julie Husby were the child’s maternal grandparents and lived in Oregon. Jennifer and her child lived with the Husbys for a time after the child’s birth; the Husbys provided childcare and were significantly involved in the child’s life until he was two and a half years old. However, Jennifer’s relationship with the Husbys began to deteriorate after she started dating Scout. After Jennifer and Scout married in 2013, the Husbys petitioned for visitation in Oregon, where all of the parties lived at the time. Jennifer and the Husbys came to a mediated agreement providing, among other things, that the Husbys would have visitation with the child one weekend per month for 32 hours, as well as unlimited written and telephonic contact.The Monegans moved to Alaska in March 2018. In-person visits occurred less frequently after the relocation: between March 2018 and August 2019 the Husbys visited the child seven times. The Husbys tried to maintain their relationship with the child through letters, gifts, and weekly phone calls, and claimed they were able to do so through the summer of 2019. In September 2019 the Monegans filed a complaint in the superior court to terminate the Husbys’ visitation rights, alleging it was not in the child’s best interests to continue visitation. The Husbys counterclaimed for modification of the stipulated order to allow “reasonable visitation” with the child. The Husbys then moved to enforce the stipulated visitation order. The Alaska Supreme Court concluded AS 25.20.065(a) governed the motion to modify the grandparents' visitation, and when a grandparent seeks visitation over a parent’s objection, the grandparent must show clear and convincing evidence that the parent was unfit or that denying visitation will be detrimental to the child. If the court awards visitation rights to a grandparent, and the parent later moves to modify the grandparent’s visitation rights, so long as the parents were protected by the parental preference rule in the proceedings resulting in the grandparent’s visitation rights, the "parental preference rule" does not apply in later proceedings to modify those visitation rights. Having clarified the applicable legal standards, the Supreme Court reversed and remanded the superior court’s order in this case because it was error to decide the motions to modify the grandparents’ visitation rights without first holding a hearing on disputed issues of fact. View "Husby v. Monegan" on Justia Law

The Alaska Department of Corrections (DOC) allows some inmates to serve a portion of their prison sentence outside a correctional facility while wearing electronic monitoring equipment. This case presented a jurisdictional question for the Alaska Supreme Court's review: did the superior court have jurisdiction to hear an appeal of DOC’s decision to remove an inmate from electronic monitoring and return the inmate to prison? Within that jurisdictional question iwass a more fundamental question: was DOC’s decision subject to the constitutional guarantee that “[n]o person shall be deprived of . . . liberty . . . without due process of law?” The Supreme Court held that due process applied. Although the Court rejected the argument that removal from electronic monitoring and remand to prison implicated the constitutional right to rehabilitation, the Court concluded that serving a sentence on electronic monitoring afforded a limited but constitutionally protected degree of liberty, akin to parole. Nevertheless, the Court held that the superior court did not have appellate jurisdiction to review DOC’s decision in this case. "Appellate review of an agency’s decision is possible only when the decision is the product of an adjudicative process in which evidence is produced, law is applied, and an adequate record is made. DOC’s decisional process in this case was not an adjudicative process and did not create a record that permits appellate review." The case was remanded to the superior court to convert this case from an appeal to a civil action so that the parties could create the record necessary for judicial review of DOC's decision. View "Alaska Department of Corrections v. Stefano" on Justia Law

The Alaska Supreme Court granted the Office of Public Advocacy’s (OPA) petition for review of whether counsel provided through Alaska Legal Service Corporation’s (ALSC) pro bono program was counsel “provided by a public agency” within the meaning of Flores v. Flores, 598 P.2d 890 (Alaska 1979) and OPA’s enabling statute. The Supreme Court concluded such counsel was indeed “provided by a public agency” and affirmed the superior court’s order appointing OPA to represent an indigent parent in a child custody case. View "Office of Public Advocacy v. Berezkin f/n/a Smith et al." on Justia Law

A nonprofit entity representing commercial fishers sued the Alaska Board of Fisheries and the Department of Fish and Game, alleging that the State’s fishery management practices in Cook Inlet were unjustified and violated federal law and national standards. The nonprofit sought to depose two current Fish and Game employees but the State opposed, arguing that all material facts necessary for a decision of the case were in the administrative record. The superior court agreed with the State and quashed the nonprofit’s deposition notices. The court also granted summary judgment in favor of the State, deciding that the Cook Inlet fishery was not governed by federal standards and that none of the nonprofit’s disagreements with the State’s fishery management practices stated a violation of statute or regulation. The nonprofit appealed. Finding no reversible error, the Alaska Supreme Court affirmed the superior court judgment. View "Cook Inlet Fisherman’s Fund v. Alaska Dept. of Fish & Game, et al." on Justia Law

The Alaska Legislature passed a bill in 2018 that appropriated money for public education spending for both FY2019, and FY2020. The second appropriation had a 2019 effective date. Governor Mike Dunleavy took office in December 2018, and disputed the constitutionality of the second year’s appropriation — and the general practice known as forward funding — asserting that it violated the annual appropriations model established by the Alaska Constitution. The Alaska Legislative Council, acting on behalf of the legislature, sued the governor, seeking a declaratory judgment that the governor violated his constitutional duties by failing to execute the appropriations and an injunction requiring him to do so. On cross-motions for summary judgment, the superior court decided that the appropriations were consistent with the legislature’s duty to fund public education, that they did not violate any specific constitutional provision, and that the governor’s refusal to disburse funds pursuant to the appropriations violated his duty to faithfully execute the laws. The court awarded attorney’s fees to the Legislative Council and the advocacy group as prevailing parties. The governor appeals the court’s grant of summary judgment and the award of attorney’s fees to the advocacy group. The Alaska Supreme Court concluded the superior court erred in its holding, and because neither the Legislative Council nor the advocacy group was prevailing party, the superior court’s attorney’s fees awards were vacated. View "Dunleavy, et al. v. Alaska Legislative Council, et al." on Justia Law

The Fairbanks North Star Borough partially revoked a local ministry’s charitable property tax exemption after learning that the ministry was renting lodging to the general public. The ministry appealed the Borough’s decision to the superior court. The court remanded the issue to the Borough’s assessor for more detailed findings, instructed the ministry that any appeal following remand should be made to the Board of Equalization rather than superior court, and closed the case. The assessor issued new findings justifying the partial revocation of the tax exemption, and the ministry appealed to both the Board and the superior court (in a different case). The ministry also filed a motion in the first appeal asking the superior court to enforce its order instructing that appeals be made to the Board. The superior court issued a sua sponte order granting the ministry’s first appeal on the merits, finding “that the assessor [did not] rely on sufficient evidence to revoke [the ministry’s] tax exempt status.” The Borough appealed. The Alaska Supreme Court concluded that following remand, supplemental Board findings, and a new appeal from those findings, the superior court lacked the subject matter jurisdiction to decide the ministry’s first appeal on the merits. The Supreme Court therefore vacate its decision granting Victory’s appeal. View "Fairbanks North Star Borough v. Victory Ministries of Alaska, Inc., et al." on Justia Law