PROPERTY LAW Supreme Court of Alaska (2024) Madison Detweiler In Winco Anchorage Investors I, L.P. v. Huffman Building P, LLC, No. S-18582, 2024 WL 4402218 (Alaska 2024), the supreme court held that a party is not a “person aggrieved” with standing to appeal a zoning decision to the superior court just because (1) they are Continue Reading »
ELECTION LAW Supreme Court of Alaska (2024) Erik Gordon In Vazquez v. State, 544 P.3d 1178 (Alaska 2024), the supreme court held that a person meets the residency requirements to hold elected office if he or she meets the three-year state residency requirement under Title 1 rather than the more stringent requirements of Title 15. Continue Reading »
FAMILY LAW Court of Appeals of Alaska (2024) Erik Gordon In I.J. v. State, 553 P.3d 1263 (Alaska Ct. App. 2024), the court of appeals held that “the least restrictive alternative rule” does not mean that each less restrictive alternative must be attempted when there is sufficient evidence to suggest that the less restrictive measures Continue Reading »
HEALTH LAW Supreme Court of Alaska (2024) Erik Gordon In In the Matter of Kara K., 555 P.3d 26 (Alaska 2024) the supreme court held that the statutory definition of “mental illness” encompasses psychosis resulting from lupus and that the definition does not violate a patient’s right to due process. (Id. at 37–38). Alaska Psychiatric Continue Reading »
PROPERTY LAW Supreme Court of Alaska (2024) Erik Gordon In Dinh v. Raines, 544 P.3d 1156 (2024), the supreme court held that violations of the warrant of habitability allow for recovery but not double recovery, willful diminution of services applies to utilities but not internet and cable, and failure to deliver possession of property does Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Ryan Ciemny In Summerall v. State, 553 P.3d 1255 (Alaska Ct. App. 2024), the court of appeals held that Alaska Statute § 12.55.090(c), as amended in 2019, applies to conduct, including new probation violations, that occurred on or after its effective date of July 9, 2019. (Id. Continue Reading »
NATIVE LAW Supreme Court of Alaska (2024) Ryan Ciemny In O’Brien v Delaplain, 2024 WL 4312649 (Alaska Sept. 27, 2024), the supreme court held that the superior court can exercise its discretion in conducting custody interviews with children via videoconference and that the court properly determined the custody action was a “foster care placement” under Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2024) Ryan Ciemny In Societe Financial, LLC v. MJ Corporation, 542 P.3d 1159 (Alaska 2024), the supreme court held that a corporation or individual may commit a conversion on money that was wrongfully diverted into its bank account, even if by mistake, because intent to exercise dominion or control Continue Reading »
ADMINISTRATIVE LAW Supreme Court of Alaska (2024) Ryan Ciemny In City of Soldotna v. State, 2024 WL 4312593 (Alaska Sept. 27, 2024), the supreme court held that it is within the Local Boundary Commission’s (the Commission) statutory authority to convert an annexation petition and subject it to local vote instead of legislative review if the Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Grace Koh In Williams v. Strong, No. S-18528, 2024 WL 4097340 (Alaska 2024), the supreme court held that the complainant’s breach of contract claim was untimely because the three-year statute of limitations began to run when he was placed on inquiry notice of defects in his neighbors’ reconstruction Continue Reading »