Property Law

  • Thomas v. Joseph P. Casteel Trust
    PROPERTY LAW Megan Mason Dister In Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021), the supreme court upheld a nonjudicial foreclosure because the junior lienholder was not prejudiced by a failure to provide supplemental notice, the sale price did not warrant the foreclosure being set aside, and there was not sufficient evidence of fraud. ...
  • Jigliotti Family Trust v. Bloom
    PROPERTY LAW Peter Graham In Jigliotti Family Trust v. Bloom, 497 P.3d 472 (Alaska 2021), the Supreme Court held that parties to a quiet title action are entitled to a final judgment quieting title separate from a trial court’s findings and conclusions. (Id. at 474). The Jigliotti Family Trust purchased property from an owner that had negotiated ...
  • Happy Farmer, LLC v. Alaska State Fair
    PROPERTY LAW Hannah Rogers In Happy Farmer v. Alaska State Fair, 497 P.3d 568 (Alaska 2021), the supreme court held that a vendor’s entry into agreement with a fair organizer for use of a merchandise booth inside a fairground building did not create a constructive bailment or a bailment implied by fact that would impose liability upon ...
  • Dickson, Trustee of Kelly A. Dickson 2008 Trust v. State
    PROPERTY LAW Sloane Bessey Dickson, Trustee of Kelly A. Dickson 2008 Trust v. State In Dickson, Trustee of Kelly A. Dickson 2008 Trust v. State, 487 P.3d 584 (Alaska 2021), the supreme court held that the superior court did not abuse its discretion when it decided to uphold an unusually large attorney’s fee award after considering and rejecting ...
  • Griswold v. Homer Advisory Planning Commission
    PROPERTY LAW Megan Mason Dister In Griswold v. Homer Advisory Planning Commission, 484 P.3d 120 (Alaska 2021), the supreme court held a city planning commission properly granted a business a conditional use permit for setback reductions. (Id. at 123–24). The Reynoldses, owners of a bicycle shop, applied to Homer’s Advisory Planning Commission (the Commission) for a conditional ...
  • Randle v. Bay Watch Condominium Ass’n
    PROPERTY LAW Mary Beth Barksdale In Randle v. Bay Watch Condominium Ass’n, 488 P.3d 970 (Alaska 2021), the supreme court affirmed the superior court’s grant of a preliminary injunction and declaratory order interpreting the governing documents of the condominium association. (Id. at 974–75). The defendant refused to allow representatives of the condominium association where he owned a ...
  • Kimp v. Fire Lake Plaza II, LLC
    PROPERTY LAW Sloane Bessey In Kimp v. Fire Lake Plaza II, LLC, 484 P.3d 80 (Alaska 2021), the supreme court held that, barring ambiguity, the language of the lease controls when determining breach of lease claims, and that not paying rent is not the type of economic loss required for a promissory estoppel claim. (Id. at 88–90.). ...
  • Seater v. Estate of Seater
    PROPERTY LAW Angela Sbano In Seater v. Estate of Seater, the Alaska Supreme Court held that a superior court judge misinterpreted a different superior court judge’s decision when she stated that it required a property owner to remove all boulders he had placed on his property below the “extreme high water line” rather than the mean high ...
  • Anderson v. Alaska Housing Finance Corp.
    PROPERTY LAW Melissa English In Anderson v. Alaska Housing Finance Corp., the supreme court held that a foreclosure was a deprivation of the borrower’s property, and that the borrower therefore constitutionally entitled to a pre-deprivation opportunity to be heard. The borrower borrowed from Wells Fargo Bank, N.A. to purchase a home, which then assigned the note and ...
  • All Am. Oilfield, LLC v. Cook Inlet Energy, LLC
    In All Am. Oilfield, LLC v. Cook Inlet Energy, LLC, the supreme court ruled that a contractor was not entitled to a mineral dump lien on natural gas that had not been extracted, hoisted, and raised from its natural reservoir. Cook Inlet controlled oil and gas wells in southcentral Alaska and contracted with All American ...

Property Law

  • Thomas v. Joseph P. Casteel Trust
    PROPERTY LAW Megan Mason Dister In Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021), the supreme court upheld a nonjudicial foreclosure because the junior lienholder was not prejudiced by a failure to provide supplemental notice, the sale price did not warrant the foreclosure being set aside, and there was not sufficient evidence of fraud. ...
  • Jigliotti Family Trust v. Bloom
    PROPERTY LAW Peter Graham In Jigliotti Family Trust v. Bloom, 497 P.3d 472 (Alaska 2021), the Supreme Court held that parties to a quiet title action are entitled to a final judgment quieting title separate from a trial court’s findings and conclusions. (Id. at 474). The Jigliotti Family Trust purchased property from an owner that had negotiated ...
  • Happy Farmer, LLC v. Alaska State Fair
    PROPERTY LAW Hannah Rogers In Happy Farmer v. Alaska State Fair, 497 P.3d 568 (Alaska 2021), the supreme court held that a vendor’s entry into agreement with a fair organizer for use of a merchandise booth inside a fairground building did not create a constructive bailment or a bailment implied by fact that would impose liability upon ...
  • Dickson, Trustee of Kelly A. Dickson 2008 Trust v. State
    PROPERTY LAW Sloane Bessey Dickson, Trustee of Kelly A. Dickson 2008 Trust v. State In Dickson, Trustee of Kelly A. Dickson 2008 Trust v. State, 487 P.3d 584 (Alaska 2021), the supreme court held that the superior court did not abuse its discretion when it decided to uphold an unusually large attorney’s fee award after considering and rejecting ...
  • Griswold v. Homer Advisory Planning Commission
    PROPERTY LAW Megan Mason Dister In Griswold v. Homer Advisory Planning Commission, 484 P.3d 120 (Alaska 2021), the supreme court held a city planning commission properly granted a business a conditional use permit for setback reductions. (Id. at 123–24). The Reynoldses, owners of a bicycle shop, applied to Homer’s Advisory Planning Commission (the Commission) for a conditional ...
  • Randle v. Bay Watch Condominium Ass’n
    PROPERTY LAW Mary Beth Barksdale In Randle v. Bay Watch Condominium Ass’n, 488 P.3d 970 (Alaska 2021), the supreme court affirmed the superior court’s grant of a preliminary injunction and declaratory order interpreting the governing documents of the condominium association. (Id. at 974–75). The defendant refused to allow representatives of the condominium association where he owned a ...
  • Kimp v. Fire Lake Plaza II, LLC
    PROPERTY LAW Sloane Bessey In Kimp v. Fire Lake Plaza II, LLC, 484 P.3d 80 (Alaska 2021), the supreme court held that, barring ambiguity, the language of the lease controls when determining breach of lease claims, and that not paying rent is not the type of economic loss required for a promissory estoppel claim. (Id. at 88–90.). ...
  • Seater v. Estate of Seater
    PROPERTY LAW Angela Sbano In Seater v. Estate of Seater, the Alaska Supreme Court held that a superior court judge misinterpreted a different superior court judge’s decision when she stated that it required a property owner to remove all boulders he had placed on his property below the “extreme high water line” rather than the mean high ...
  • Anderson v. Alaska Housing Finance Corp.
    PROPERTY LAW Melissa English In Anderson v. Alaska Housing Finance Corp., the supreme court held that a foreclosure was a deprivation of the borrower’s property, and that the borrower therefore constitutionally entitled to a pre-deprivation opportunity to be heard. The borrower borrowed from Wells Fargo Bank, N.A. to purchase a home, which then assigned the note and ...
  • All Am. Oilfield, LLC v. Cook Inlet Energy, LLC
    In All Am. Oilfield, LLC v. Cook Inlet Energy, LLC, the supreme court ruled that a contractor was not entitled to a mineral dump lien on natural gas that had not been extracted, hoisted, and raised from its natural reservoir. Cook Inlet controlled oil and gas wells in southcentral Alaska and contracted with All American ...