Property Law

  • Wayson v. Stevenson
    PROPERTY LAW Supreme Court of Alaska (2022) Sarah Brooks In Wayson v. Stevenson, 514 P.3d 1263 (Alaska 2022), the supreme court held that if a deed of easement allows for a right to use a roadway for any means that the landowner may deem “necessary or appropriate” without further restriction, the landowner may use the roadway easement for ...
  • Reeves v. Goodspeed Properties, LLC
    PROPERTY LAW Supreme Court of Alaska (2022) Sarah Couillard In Reeves v. Goodspeed Properties, LLC, 517 P.3d 31 (Alaska 2022), the supreme court held that improvements in an easement were not necessarily unreasonable simply because they were permanent. (Id. at 40). An LLC owned a parcel of land, adjacent to a parcel owned by an individual who had ...
  • Caswell v. Ahtna, Inc.
    PROPERTY LAW Supreme Court of Alaska (2022) Kristiana Olson In Caswell v. Ahtna, Inc., 511 P.3d 193 (Alaska 2022), the supreme court held that a miner’s conflict with his corporate landowner fell within the scope of forcible entry and detainer (FED) proceedings, despite the miner’s asserted claims to property and a disputed lease. (Id. at 198). At the ...
  • 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.). ...

Property Law

  • Wayson v. Stevenson
    PROPERTY LAW Supreme Court of Alaska (2022) Sarah Brooks In Wayson v. Stevenson, 514 P.3d 1263 (Alaska 2022), the supreme court held that if a deed of easement allows for a right to use a roadway for any means that the landowner may deem “necessary or appropriate” without further restriction, the landowner may use the roadway easement for ...
  • Reeves v. Goodspeed Properties, LLC
    PROPERTY LAW Supreme Court of Alaska (2022) Sarah Couillard In Reeves v. Goodspeed Properties, LLC, 517 P.3d 31 (Alaska 2022), the supreme court held that improvements in an easement were not necessarily unreasonable simply because they were permanent. (Id. at 40). An LLC owned a parcel of land, adjacent to a parcel owned by an individual who had ...
  • Caswell v. Ahtna, Inc.
    PROPERTY LAW Supreme Court of Alaska (2022) Kristiana Olson In Caswell v. Ahtna, Inc., 511 P.3d 193 (Alaska 2022), the supreme court held that a miner’s conflict with his corporate landowner fell within the scope of forcible entry and detainer (FED) proceedings, despite the miner’s asserted claims to property and a disputed lease. (Id. at 198). At the ...
  • 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.). ...