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 »
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 »
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 »
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 »
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 »
CRIMINAL LAW Peter Graham In Perozzo v. State, 493 P.3d 233 (Alaska Ct. App. 2021), the Court of Appeals held that the state constitution prohibits officers from requesting a passenger’s identification and then using that identification to run a warrants check when the officer’s request is unrelated to the basis for the stop, and the Continue Reading »
CRIMINAL LAW Mary Beth Barksdale In Watson v. State, 487 P.3d 568 (Alaska 2021), the supreme court upheld Alaska Statute 47.12.030 as constitutional under the Alaska Constitution’s equal protection clause. (Id. at 570). The defendant was a minor convicted on two counts of misdemeanor DUI. (Id.). On appeal, the defendant argued that the criminal statute, Continue Reading »
