Justia Alaska Supreme Court Opinion Summaries
Hawkins v. Attatayuk
Harold Hawkins and Rosalind Attatayuk were married until 1981, when they dissolved their marriage. Hawkins was awarded the couple’s home in the dissolution and continued to reside on the property, which was federally owned. In 1993 Attatayuk applied for and received a restricted townsite deed to the land by allegedly fraudulent means. She brought a trespass action against Hawkins, alleging that she had undisputed title to the land. The superior court ruled on summary judgment that Attatayuk’s restricted townsite deed gave her title to the land. Because Alaska state courts did not have subject matter jurisdiction to adjudicate title or right to possession of restricted townsite property, the only issue before the Supreme Court in this appeal was whether the superior court adjudicated title to the land in question. Upon review, the Supreme Court held that the superior court did adjudicate title and, as a result, exceeded its jurisdiction.
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Posted in:
Family Law
Regner v. North Star Volunteer Fire Dept., Inc.
A fire broke out at a mobile home owned by Leo Regner near North Pole. The North Star Volunteer Fire Department, the North Pole Fire Department, and the Fort Wainwright Fire Department responded to the fire but were unable to prevent damage to the mobile home. Regner sued the fire departments and several of their employees, alleging negligence. Regner voluntarily dismissed his claim against the Fort Wainwright Fire Department and its employee, and the remaining defendants moved for summary judgment on the basis that they were immune from suit. The superior court granted complete summary judgment. Regner appealed only the superior court’s decision that he failed to make a sufficient showing of negligence to defeat summary judgment. Because the defendants did not move for summary judgment on the merits of Regner’s negligence claims and the merits of those claims were not otherwise addressed in the summary judgment proceedings, the Supreme Court reversed.
View "Regner v. North Star Volunteer Fire Dept., Inc." on Justia Law
Healy Lake Village v. Mt. McKinley Bank
Members of Healy Lake Village Tribe who claimed to constitute the newly elected tribal council brought suit in superior court against Mt. McKinley Bank after the Bank refused to change the signatory authority on the Tribe’s accounts to reflect the alleged leadership change. A second group of tribal members, who also claimed to represent the Tribe based on a competing election, was granted intervention in order to contest the superior court’s jurisdiction. The superior court determined that the fundamental issue in the case was the determination of the legitimate governing body of the Tribe, which was an internal self-governance matter within the Tribe’s retained inherent sovereignty. The superior court dismissed the case for lack of subject matter jurisdiction, and the group that brought the initial action appealed to the Alaska Supreme Court. Because determining the real party in interest would have required the superior court to decide matters solely within the Tribe’s retained inherent sovereignty, the Supreme Court affirmed the superior court’s dismissal of the case for lack of subject matter jurisdiction.
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Rude v. Cook Inlet Region, Inc.
Robert Rude and Harold Rudolph were shareholders and former directors of Cook Inlet Region, Inc. (CIRI). They distributed a joint proxy solicitation in an attempt to be elected to the CIRI board of directors at CIRI’s 2010 annual meeting. Rude and Rudolph accumulated over one quarter of the total outstanding votes, but CIRI’s Inspector of Election refused to allow them to cumulate their votes. Thus, votes were split evenly between the two of them and neither was seated. Upon review of the matter, the Supreme Court concluded that the language of the proxy form required the shareholders’ votes to be equally distributed between Rude and Rudolph unless a shareholder indicated otherwise. Therefore the Court affirmed the superior court’s decision granting summary judgment in favor of CIRI on this issue.
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Posted in:
Business Law, Corporate Compliance
Steward v. Alaska
Following a fatal car crash, the estate and the surviving spouse of the car’s driver sued the State of Alaska under separate negligence theories. The superior court granted the State summary judgment on one claim, and a jury found in the State’s favor on the other claim. The estate and the surviving spouse appealed. Finding no reversible error, the Supreme Court affirmed the superior court's grant of summary judgment.
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Posted in:
Government & Administrative Law, Injury Law
Sandberg v. Sandberg
The superior court granted Brianna Sandberg’s motion to vacate a divorce settlement agreement, valued and divided the couple’s property, and ordered David Sandberg to pay Brianna’s attorney’s fees. In granting Brianna’s Rule 60(b)(6) motion, the superior court found that Brianna was mistaken in her belief at the time of the parties’ settlement agreement that the marital home was David’s property. David appealed. Upon review, the Supreme Court found no facts in the trial court record supported the superior court’s finding that Brianna mistakenly believed she held no ownership interest in the couple’s marital home. The Court therefore reversed and remanded this case for the superior court’s reconsideration of Brianna’s Rule 60(b)(6) motion.
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Posted in:
Family Law
In Re Necessity for the Hospitalization of Gabriel C.
The respondent in this mental health commitment proceeding argued that the delay between his detention and his involuntary commitment hearing violated time limits imposed by statute and due process of law. After review of the case, the Supreme Court concluded that the relevant statutory time limit began upon a respondent’s arrival at an evaluation facility, that there was no obvious or prejudicial statutory violation in this case, and that the delay in this case did not violate due process. Furthermore, the Court concluded that the respondent’s appeal of his involuntary medication order was moot. View "In Re Necessity for the Hospitalization of Gabriel C." on Justia Law
Zamarello v. Reges
A client sued his lawyer for breach of contract, breach of fiduciary duty, misrepresentation, and professional negligence in a fee agreement dispute. After a jury found in favor of the lawyer and judgment was entered, the client appealed, arguing that the superior court erred by issuing certain jury instructions regarding contract interpretation and by denying the client's motion for a new trial or judgment notwithstanding the verdict. Upon review, the Supreme Court concluded that any error in the superior court's jury instructions was not prejudicial, and affirmed the superior court's decision to deny the client's post-trial motions because there was sufficient evidence for the jury to find for the lawyer on each of the claims.
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Municipality of Anchorage v. Holleman
The Anchorage Assembly passed an ordinance modifying the labor relations chapter of the Anchorage Municipal Code. Two citizen-sponsors filed an application for a referendum that would repeal the ordinance. The Municipality rejected the application, reasoning that the proposed referendum addressed administrative matters that were not proper subjects for direct citizen legislation. The sponsors filed suit in superior court and prevailed on summary judgment. The Municipality appealed, arguing that the referendum was barred because: (1) state and municipal law grants exclusive authority over labor relations to the Assembly; (2) the referendum made an appropriation; and (3) its subject was administrative, not legislative. Following oral argument, the Supreme Court issued an order on January 10, 2014, affirming the superior court's grant of summary judgment to the sponsors. This opinion explained the Court's reasoning.
View "Municipality of Anchorage v. Holleman" on Justia Law
Shumway v. Betty Black Living Trust
This case stemmed from a dispute between property owners on a small island in Southeast Alaska. After moving to the island with his family, Todd Shumway engaged in activities that Betty Black, the largest landowner, claimed were in violation of the island's protective covenants. The superior court found in favor of Black and awarded injunctive and monetary relief to her and another landowner, Dale Lockwood. When Black attempted to collect on her judgment by executing on Shumway's island property, Shumway, who was incarcerated in Arizona on charges unrelated to this case, claimed a homestead exemption. The superior court denied the exemption. Shumway appealed the denial. Finding no reversible error, the Supreme Court affirmed. View "Shumway v. Betty Black Living Trust" on Justia Law
Posted in:
Real Estate & Property Law