NATIVE LAW Emma Giusto In Ahtna, Inc. v. Department of Natural Resources, 2021 Alas. LEXIS 26 (Alaska, Mar. 12, 2021), the supreme court held that (1) the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601–1629h extinguished aboriginal title and retroactively validated the State’s right of way over Native land, and (2) the right Continue Reading »
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 Continue Reading »
ADMINISTRATIVE LAW, CIVIL PROCEDURE Adam Beyer In Exxon Mobil Corporation v. Department of Revenue, 488 P.3d 951 (Alaska 2021), the supreme court held that a Department of Revenue advisory bulletin was not a challengeable regulation for the purposes of the state’s Administrative Procedures Act and that the parties’ tax dispute was therefore not ripe. (Id. Continue Reading »
EMPLOYMENT LAW Melissa Gustafson In Luong v. Western Surety Co., 485 P.3d 46 (Alaska 2021), the supreme court held that under the Little Miller Act, “labor” is defined as the work that is necessary to and forwards the project secured by the payment bond, and “notice” is effective the date the notice is sent, not Continue Reading »
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 Continue Reading »
TORT LAW Margot Graham In Punches v. McCarrey Glen Apartments, LLC, 480 P.3d 612 (Alaska 2021), the supreme court held that expert testimony is necessary to demonstrate personal injury from mold exposure and a tenant must make out a prima facie case that the property management company breached the habitability provision of the lease before Continue Reading »
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 Continue Reading »
ENVIRONMENTAL LAW Megan Mason Dister In PLC, LLC v. State, Department of Natural Resources, 484 P.3d 572 (Alaska 2021), the supreme court held that a company that held an overriding royalty interest (ORRI) in a state oil and gas lease had standing to challenge a Department of Natural Resources (DNR) decision on the unit operator’s Continue Reading »
ADMINISTRATIVE LAW Sasha Kahn In North Slope Borough v. State, Department of Education & Early Development, 484 P.3d 106 (Alaska 2021), the supreme court held that when summary adjudication has been stipulated to in an agency proceeding, and therefore no factual dispute is up for debate, the hearing officer need only apply a reasonable basis Continue Reading »
ADMINISTRATIVE LAW Sasha Kahn In Espindola v. Peter Pan Seafoods, Inc., 486 P.3d 1116 (Alaska 2021), the supreme court held that while the Alaska Workers’ Compensation Board has authority to weigh the evidence provided by medical opinions, if the Board’s crucial findings are not supported by the record, under the substantial evidence standard, it has Continue Reading »
