Property Law

Seater v. Estate of Seater

Posted on April 14th, 2021

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 Continue Reading »

Anderson v. Alaska Housing Finance Corp.

Posted on April 14th, 2021

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 Continue Reading »

All Am. Oilfield, LLC v. Cook Inlet Energy, LLC

Posted on April 14th, 2020

In All Am. Oilfield, LLC v. Cook Inlet Energy, LLC,[1] 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 Continue Reading »

Black v. Whitestone Estates Condo. Homeowners’ Ass’n

Posted on April 14th, 2020

In Black v. Whitestone Estates Condo. Homeowners’ Ass’n,[1] the supreme court held that a condominium had the authority to disregard payment directives concerning the back-payment of unpaid fees when it was provided for in the governing declaration. Craig Black and Camille Brill (Blacks) claimed that the arrangement for monthly dues for the maintenance of driveways Continue Reading »

Collins v. Hall

Posted on April 14th, 2020

In Collins v. Hall,[1] the supreme court held that in a property dispute between adjoining landowners, the lower court did not clearly err in concluding that no boundary had been established by acquiescence and in finding that the restrictive covenants had been abandoned. The Collinses and Halls disputed the boundary dividing their land in a Continue Reading »

Griswold v. Homer Board of Adjustment

Posted on April 14th, 2020

In Griswold v. Homer Board of Adjustment,[1] the supreme court held that standing determinations concerning an “aggrieved person” is interpreted broadly, despite the legislature limiting standing in similarly related land-use decisions. Griswold appealed the Homer Advisory Planning Commission’s decision to grant a conditional use permit to another property within his zoning district to the Homer Continue Reading »

In re Estate of Hatten

Posted on April 14th, 2020

In In re Estate of Hatten,[1] the supreme court held surviving domestic partners do not inherit any of the intestate’s property as a testamentary matter. A man and woman lived together for twenty years in a domestic partnership before the man died intestate. The surviving domestic partner filed a claim against the man’s estate seeking Continue Reading »

Keeton v. State

Posted on April 14th, 2020

In Keeton v. State,[1] the supreme court held that attorney’s fees and costs are excluded from awards of prejudgment interest in cases of eminent domain. In 2014, the Alaska Department of Transportation (DOT) sought to condemn a portion Keeton’s land for a highway-widening project. After a superior court-appointed master settled a dispute regarding the value Continue Reading »

Kelley v. Municipality of Anchorage, Board of Equalization

Posted on April 14th, 2020

In Kelley v. Municipality of Anchorage, Board of Equalization,[1] the supreme court held that a board of equalization does not abuse its discretion by not considering evidence offered past assigned deadlines and also does not abuse its discretion by not finding a landowner’s sale of a nearby lot in the same subdivision or the landowner’s Continue Reading »

Kenai Landing, Inc. v. Cook Inlet Natural Gas Storage Alaska, LLC.

Posted on April 14th, 2020

In Kenai Landing, Inc. v. Cook Inlet Natural Gas Storage Alaska, LLC.,[1] the supreme court held that an oil and gas lessor does not have the right to compensation for gas developed in pressuring a gas storage facility. Cook Inlet Natural Gas Storage Alaska (CINGSA) leases the Sterling C Reservoir and must maintain a certain Continue Reading »

Property Law

Seater v. Estate of Seater

Posted on April 14th, 2021

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 Continue Reading »

Anderson v. Alaska Housing Finance Corp.

Posted on April 14th, 2021

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 Continue Reading »

All Am. Oilfield, LLC v. Cook Inlet Energy, LLC

Posted on April 14th, 2020

In All Am. Oilfield, LLC v. Cook Inlet Energy, LLC,[1] 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 Continue Reading »

Black v. Whitestone Estates Condo. Homeowners’ Ass’n

Posted on April 14th, 2020

In Black v. Whitestone Estates Condo. Homeowners’ Ass’n,[1] the supreme court held that a condominium had the authority to disregard payment directives concerning the back-payment of unpaid fees when it was provided for in the governing declaration. Craig Black and Camille Brill (Blacks) claimed that the arrangement for monthly dues for the maintenance of driveways Continue Reading »

Collins v. Hall

Posted on April 14th, 2020

In Collins v. Hall,[1] the supreme court held that in a property dispute between adjoining landowners, the lower court did not clearly err in concluding that no boundary had been established by acquiescence and in finding that the restrictive covenants had been abandoned. The Collinses and Halls disputed the boundary dividing their land in a Continue Reading »

Griswold v. Homer Board of Adjustment

Posted on April 14th, 2020

In Griswold v. Homer Board of Adjustment,[1] the supreme court held that standing determinations concerning an “aggrieved person” is interpreted broadly, despite the legislature limiting standing in similarly related land-use decisions. Griswold appealed the Homer Advisory Planning Commission’s decision to grant a conditional use permit to another property within his zoning district to the Homer Continue Reading »

In re Estate of Hatten

Posted on April 14th, 2020

In In re Estate of Hatten,[1] the supreme court held surviving domestic partners do not inherit any of the intestate’s property as a testamentary matter. A man and woman lived together for twenty years in a domestic partnership before the man died intestate. The surviving domestic partner filed a claim against the man’s estate seeking Continue Reading »

Keeton v. State

Posted on April 14th, 2020

In Keeton v. State,[1] the supreme court held that attorney’s fees and costs are excluded from awards of prejudgment interest in cases of eminent domain. In 2014, the Alaska Department of Transportation (DOT) sought to condemn a portion Keeton’s land for a highway-widening project. After a superior court-appointed master settled a dispute regarding the value Continue Reading »

Kelley v. Municipality of Anchorage, Board of Equalization

Posted on April 14th, 2020

In Kelley v. Municipality of Anchorage, Board of Equalization,[1] the supreme court held that a board of equalization does not abuse its discretion by not considering evidence offered past assigned deadlines and also does not abuse its discretion by not finding a landowner’s sale of a nearby lot in the same subdivision or the landowner’s Continue Reading »

Kenai Landing, Inc. v. Cook Inlet Natural Gas Storage Alaska, LLC.

Posted on April 14th, 2020

In Kenai Landing, Inc. v. Cook Inlet Natural Gas Storage Alaska, LLC.,[1] the supreme court held that an oil and gas lessor does not have the right to compensation for gas developed in pressuring a gas storage facility. Cook Inlet Natural Gas Storage Alaska (CINGSA) leases the Sterling C Reservoir and must maintain a certain Continue Reading »