Justia Alaska Supreme Court Opinion Summaries

In 2012 John “Scott” Hockema filed for divorce from his wife, Janet. The superior court divided the marital estate equally and awarded Janet, who had been a homemaker throughout most of the marriage, spousal support for six years. Scott appealed the superior court’s award of spousal support, its valuation of several pieces of marital property and a retirement account, the denial of an offset for certain mortgage payments made on the marital home, the denial of an offset for interim spousal support paid, and the calculation of tax payments made on certain marital property. The Alaska Supreme Court affirmed the superior court’s valuation of the marital property and its decision not to offset the interim spousal support payments, but concluded the value of the retirement account and the amount of property taxes paid were calculated incorrectly. The Court also concluded the court did not make sufficient findings regarding its award of spousal support, and remanded for further consideration of the necessity, amount, and duration of spousal support. View "Hockema v. Hockema" on Justia Law

In 1994, Victoria Zalewski purchased a 60 foot by 90 foot rectangle of land, Lot 8A. Just south of Lot 8A was a parking lot. Although the parking lot was recorded as being part of a larger adjacent lot known as Lot 9A, no boundary line was apparent between Lot 8A and the parking lot. Zalewski never had her lot surveyed and mistakenly assumed when she purchased Lot 8A that it included the parking lot. Prospector Outfitters obtained Lot 9A (including the parking lot) in 1994, and in 2007 conveyed the lot to Glenn Prax, Phillip Prax, and Marianne Kittridge (the Praxes). Various members of the Prax family shared in the ownership and management of Prospector Outfitters and its properties before and after the 2007 transfer of Lot 9A. Zalewski had a duplex on her property. She and tenants consistently used the parking lot for parking, entry, and exit. Zalewski and her husband maintained the parking lot, keeping it graveled and clear of snow and plants. They installed electrical outlets on the lot for headbolt heaters and paid for the electricity. Zalewski built a shed on the lot in 2008; she used the shed and other parts of the lot for storage. The duplex occupants received mail at a mailbox placed within the parking lot. Zalewski consistently used the parking lot on Lot 9A, but her exclusive use ended during the summer of 2002, when the owners of neighboring Lots 10B and 11B excavated their property to prepare it for construction, and they stored their equipment and materials on the parking lot. This use of the property ended in autumn of 2002. Glenn Prax knew that Zalewski was using the parking lot and repeatedly attempted to talk to her about his family’s ownership of the lot. Between 2001 and 2003 he left two notes at the duplex explaining his family’s claim to the property and suggesting some discussion about the boundary. Around 2005 he spoke to a tenant of the building about the issue, and in 2009 or 2011 he spoke to Zalewski herself about the boundary. In 2012 and 2013 he sent letters to Zalewski outlining the Praxes’ claim to the property, but he received no response. After his last attempt in 2013 he set up sawhorses barring Zalewski from the parking lot. Zalewski removed them and filed suit in July 2013. The trial court ruled that from 2002 to 2012 the neighbor had perfected an adverse possession claim to the lot and held that amendments made to the relevant law in 2003 did not apply to the neighbor’s claim because her period of possession began in 2002. The family appealed, arguing that 2003 statutory changes should have been applied to this case. The Alaska Supreme Court agreed, reversed the trial court, and remanded for further proceedings. View "Prax v. Zalewski" on Justia Law

Parties in a divorce disputed the value of the husband’s post-retirement military medical benefits. The superior court determined that the benefits were a marital asset, but declined to value them or account for their value when dividing the marital estate. The court instead ordered the husband to pay for comparable medical benefits for the wife for the rest of her life. The court also determined that most of the wife’s student loans were marital debt and allocated that debt to her. Both parties appealed the superior court’s decision regarding the husband’s medical benefits; the husband also appealed the superior court’s characterization of the student loans as marital debt. The Alaska Supreme Court affirmed the superior court’s characterization of the wife’s student loans as marital debt, but reversed and remanded for the superior court to assign a value to the husband’s post-retirement military medical benefits and to finalize an equitable distribution of the marital estate. View "Grove v. Grove" on Justia Law

Barry H., the father in a Child in Need of Aid (CINA) proceeding sought to dismiss his court-appointed counsel and represent himself. The Office of Children’s Services (OCS) took emergency custody of four of their children in February 2013 after receiving reports that Barry was physically and sexually abusing members of his family. At their initial hearings both Barry and Donna agreed to have counsel appointed for them. The trial court found Barry could not conduct himself in a rational and coherent manner sufficient to allow him to proceed without an attorney and denied his request. After a six-day trial the court terminated his parental rights to three of his children. The father appealed, arguing that the trial court erroneously deprived him of his right to represent himself during the CINA proceeding. Finding no reversible decision, the Alaska Supreme Court affirmed. View "Barry H. v. Alaska Dept. of Health & Social Services" on Justia Law

The Alaska professional licensing division brought an accusation of professional misconduct against doctor David Odom, M.D., alleging that he acted incompetently when he prescribed phentermine and thyroid hormone for one of his patients. The division sought disciplinary sanctions against the doctor. Following a hearing, an administrative law judge issued a proposed decision concluding that the division had failed to show that the doctor’s conduct fell below the standard of care in his field of practice and that no disciplinary sanctions were warranted. But the Medical Board instead adopted as its decision the proposal for action submitted by the division and revoked the doctor’s medical license. On appeal to the superior court, the case was remanded to the Board for consideration of the doctor’s own late-filed proposal for action. The Board reaffirmed its decision to revoke the doctor’s medical license, and the superior court affirmed that decision. The doctor appealed to the Alaska Supreme Court. Because the Medical Board’s decision to revoke the doctor’s medical license was not supported by substantial evidence, the Court reversed the superior court’s affirmance of that decision. View "Odom v. Alaska Div. of Corporations, Bus. & Prof. Licensing" on Justia Law

A father's parental rights were terminated as to his daughter, an Indian child, diagnosed with sexualized, aggressive behavior. He appealed the termination, arguing he remedied his prior misconduct by completing outpatient treatment programs, and that the Office of Children’s Services (OCS) violated its obligation to provide active efforts to reunify the family by discontinuing his visitation after his daughter returned from an out-of-state treatment program. The Alaska Supreme Court found the superior court reasonably concluded that the visitation was not in the child’s best interest, that the father had failed to comply with substance abuse testing and delayed a critical sex offender risk assessment, and that it would cause serious emotional damage to return the child to his home. The Court therefore affirm the order terminating his parental rights. View "Bob S. v. Dept. of Health & Social Services" on Justia Law

Divorced parents shared equal custody of their son pursuant to an agreement. The mother asked the superior court to modify the agreement to allow her to move with the child to Hawaii. Following a two-hour hearing the court modified custody, granting primary physical custody to the mother; it also modified legal custody to allow the mother final decision-making authority, subject to later court ratification, though neither party had asked that legal custody be modified. The father appealed. The Alaska Supreme Court concluded the superior court did not clearly err or abuse its discretion when it granted modification and awarded primary physical custody to the mother, and it affirmed that part of the superior court’s decision. However, the Supreme Court held it was an abuse of discretion to modify legal custody when neither party had requested it, the parties were not on notice that it was at issue, and the evidence did not demonstrate a need for it. The modification of legal custody was therefore vacated. View "Judd v. Judd" on Justia Law

Divorced parents shared custody of their son equally pursuant to a parenting agreement. The mother asked the superior court to modify the agreement to allow her to move with the child to Hawaii. The trial court modified custody, granting primary physical custody to the mother; it also modified legal custody to allow the mother final decision-making authority, subject to later court ratification, though neither party had asked that legal custody be modified. The father appealed. After review, the Alaska Supreme Court concluded the trial court did not clearly err or abuse its discretion when it granted modification and awarded primary physical custody to the mother, and affirmed that part of the court’s decision. But the Supreme Court held it was an abuse of discretion to modify legal custody when neither party had requested it, the parties were not on notice that it was at issue, and the evidence did not demonstrate a need for it. The Court therefore vacated the modification of legal custody. View "Judd v. Burns" on Justia Law

The City of Houston, Alaska fired its police captain shortly before disbanding its police department. The captain claimed he was terminated in bad faith in order to stop ongoing investigations into city leaders. He challenged: (1) the superior court’s refusal to allow his claim under the Alaska Whistleblower Act; (2) a jury instruction stating that termination for personality conflicts did not constitute bad faith; and (3) an award of attorney’s fees and costs. The Alaska Supreme Court concluded that the court’s refusal to allow his claim under the Whistleblower Act, its decision to give the personality conflict instruction, and its award of attorney’s fees and costs were not erroneous and therefore affirmed. View "McNally v. Thompson" on Justia Law

Girdwood Mining Company transferred stock and mineral royalty interests to Comsult LLC pursuant to a contract between the parties. Girdwood Mining later refused to perform its obligations with respect to the stock and royalty interests, arguing that the contract transferring the stock and royalty interests was illegal. The superior court ruled that because the contract was illegal, it would not grant relief to either party. Comsult appealed seeking enforcement of its stock and royalty interests. the Alaska Supreme Court held that Comsult’s stock and royalty interests and its rights to enforce them remained valid, and therefore reversed the superior court’s decision. View "Comsult LLC v. Girdwood Mining Company" on Justia Law