Alaska Supreme Court Decisions 2011
Date: December 23, 2011
Citation: 267 P.3d 636
Docket Number: S-13775
Justia Opinion Summary: Appellant Ryan Nelson agreed to perform an errand for his employer, a subcontractor, on the Appellant's day off. While on in the errand, the Appellant was injured at the job site. His employer filed a "notice of…
Date: December 23, 2011
Citation: 267 P.3d 624
Docket Number: S-13887
Justia Opinion Summary: Appellant Shirley Shea underwent a medical procedure in 1984 that resulted in intermittent soreness in her legs, back, and pelvic region. She began working for the State of Alaska in 1993, which required her to sit at a…
Date: December 16, 2011
Docket Number: S-13874
Justia Opinion Summary: "David S." appealed the termination of his parental rights to his daughter Hannah, an Indian child. Hannah was taken into the custody of the Office of Children’s Services (OCS) while David was incarcerated. David…
Date: December 9, 2011
Citation: 265 P.3d 308
Docket Number: S-13542
Justia Opinion Summary: Parents "Madeline P." and "Rex P." challenged a school district's actions regarding their child's educational program under the Individuals with Disabilities Education Act (IDEA). A hearing officer found an IDEA…
Date: December 9, 2011
Citation: 265 P.3d 320
Docket Number: S-13552
Justia Opinion Summary: In late April 2006 Samuel Sengul leased a commercial storefront in downtown Juneau to Robert Manus, who was acting on behalf of CMS Franklin, Inc. The building was under construction when Sengul and CMS entered into the…
Date: December 9, 2011
Citation: 265 P.3d 337
Docket Number: S-13972
Justia Opinion Summary: Michael McCrary sued Ivanof Bay Village (Ivanof Bay) and its president, Edgar Shangin, under two contracts, alleging breaches of the implied covenants of good faith and fair dealing. The superior court dismissed the suit…
Date: December 9, 2011
Citation: 267 P.3d 1169
Docket Number: S-14009
Justia Opinion Summary: Appellant Jim Widmyer, a commercial fisher, applied for a permit to fish for sablefish. The State distributes these permits largely on the basis of past participation in the sablefish fishery, specifically participation…
Date: December 9, 2011
Citation: 265 P.3d 332
Docket Number: S-14220
Justia Opinion Summary: Michael and Rebecca Sheffield of Unalaska divorced in 2009. Because Michael planned to move to Virginia in 2010, he sought school-year custody of the couple's two sons. The superior court ruled that the children's best…
Date: December 2, 2011
Citation: 264 P.3d 835
Docket Number: S-13685
Justia Opinion Summary: The Supreme Court granted the Office of Public Advocacy's petition for review on the limited question whether the Alaska Network on Domestic Violence and Sexual Assault qualified as a "public agency" within the meaning…
Date: December 2, 2011
Citation: 266 P.3d 337
Docket Number: S-13822
Justia Opinion Summary: Leon Burts filed for divorce in 2009. The superior court valued Leon’s post-retirement military health insurance benefit as a marital asset and allocated it to Leon. Leon appealed, arguing that the benefit was too…
Date: December 2, 2011
Citation: 264 P.3d 831
Docket Number: S-14150
Justia Opinion Summary: Four children were removed from their parents' care based on domestic abuse in the parents' relationship. The parents later divorced and the mother was able to regain custody, but thereafter she entered into another…
Date: December 2, 2011
Citation: 264 P.3d 842
Docket Number: S-14193
Justia Opinion Summary: "Philip J." is the father of seven children who were adjudicated to be children in need of aid. On appeal, he claimed that his right to due process was violated because he was unaware that the State would seek…
Date: November 10, 2011
Citation: 265 P.3d 302
Docket Number: S-13340
Justia Opinion Summary: Native nonprofit corporation Dena Nena Henash (d/b/a Tanana Chiefs Conference) applied to the Fairbanks North Star borough assessor for charitable-purpose tax exemptions on several of its properties. The assessor denied…
Date: November 4, 2011
Citation: 267 P.3d 1151
Docket Number: S-12630
Justia Opinion Summary: This case arose from an award by Golden Valley Electric Association (GVEA) of two competitively bid construction contracts on its Northern Intertie Project. In November 2001 GVEA awarded Global Power & Communications,…
Date: October 28, 2011
Citation: 263 P.3d 41
Docket Number: S-13540
Justia Opinion Summary: In 2002 Plaintiff Kevin O'Connell was awarded damages against Defendants Anthony and Paulette Will for Defendants' failure to pay a promissory note. Under the attorney's fee provision in the note, Plaintiff was also…
Date: October 28, 2011
Citation: 266 P.3d 1043
Docket Number: S-13705
Date: October 28, 2011
Citation: 263 P.3d 35
Docket Number: S-13839
Justia Opinion Summary: Renaissance Resources Alaska, LLC (Renaissance) partnered with Rutter & Wilbanks Corporation (Rutter) to develop an oil field. Renaissance and Rutter acquired a lease to the entire working interest and the majority of…
Date: October 28, 2011
Citation: 264 P.3d 367
Docket Number: S-13885
Justia Opinion Summary: A construction company solicited a bid from a subcontractor to perform concrete work. The construction company provided a plan and bid schedule. The subcontractor responded with a proposal, which the construction company…
Date: October 28, 2011
Citation: 263 P.3d 49
Docket Number: S-13928
Justia Opinion Summary: An Alaskan military couple divorced in 2008. Their agreement for custody of their two children was incorporated into the divorce decree. The following year, the father, who anticipated relocating with the military,…
Date: October 21, 2011
Citation: 265 P.3d 292
Docket Number: S-13680
Justia Opinion Summary: In 2004 and 2005, while allegedly bedridden and taking prescription pain medication, Plaintiff Gregory Erkins took out two successive loans on his house. The proceeds of the second, larger loan were used in part to pay…
Date: October 21, 2011
Citation: 262 P3d 613
Docket Number: S-13742
Justia Opinion Summary: A worker was involved in a fight in a logging camp bunkhouse. He did not file a report of injury related to the fight for over a year. When he finally filed a report of injury, he alleged that he had injured his hip,…
Date: October 21, 2011
Citation: 262 P3d 622
Docket Number: S-13903
Justia Opinion Summary: A mother appealed the superior court’s denial of an evidentiary hearing for her motion to modify child custody. In October 2009 Kalindi filed a motion seeking to modify "interim" custody and visitation, to establish…
Date: October 14, 2011
Citation: 265 P.3d 279
Docket Number: S-13379
Justia Opinion Summary: Ronald and Sharon Stevens separated in August 2006, ending a 40-year marriage. In June 2007 they appeared before the superior court for their divorce trial. Before the trial ended, the parties entered into what they…
Date: October 14, 2011
Citation: 262 P3d 602
Docket Number: S-13781
Justia Opinion Summary: After a minor collision between two vehicles in the drive-through line of a Taco Bell, Jack Morrell, the driver of one vehicle, stabbed and killed Eric Kalenka, the driver of the other vehicle. Morrell was uninsured and…
Date: October 7, 2011
Citation: 262 P.3d 204
Docket Number: S-13528
Justia Opinion Summary: Six weeks after the Regulatory Commission of Alaska approved the 2007 Access Charge Rates long distance telephone companies pay to local telephone companies, an association of local telephone companies realized that five…
Date: October 7, 2011
Citation: 261 P.3d 422
Docket Number: S-13654
Justia Opinion Summary: A property owner appealed a judgment that allowed foreclosure on a borough property tax lien, arguing that the borough’s foreclosure was legally flawed and that the borough’s attorney should have been sanctioned for…
Date: October 7, 2011
Citation: 261 P.3d 412
Docket Number: S-13708
Justia Opinion Summary: Appellant Alaskan Crude Corporation operates an oil and gas unit known as the "Arctic Fortitude Unit." Alaskan Crude’s unit agreement with the Department of Natural Resources set work obligation deadlines that Alaskan…
Date: September 23, 2011
Citation: 260 P.3d 1056
Docket Number: S-13595
Justia Opinion Summary: Petitioner Frank Olson was arrested in Anchorage for driving while intoxicated. At the police station he refused to submit to a breath test. An officer advised him of the consequences for refusing to take the test using…
Date: September 23, 2011
Citation: 260 P.3d 1064
Docket Number: S-13894
Justia Opinion Summary: Two men bought an island. After a dispute, they agreed that one would keep the island, while the other would receive a one-time payment and an option to buy the island at a fixed price, adjusted for inflation, if the…
Date: September 23, 2011
Citation: 260 P.3d 1072
Docket Number: S-13913
Justia Opinion Summary: An elderly woman requiring long-term medical care gave $120,000 to her son in February 2007. The mother believed that the gift would not prevent her from receiving Medicaid coverage if she lived long enough to exhaust…
Date: September 16, 2011
Citation: 261 P.3d 758
Docket Number: S-13733
Justia Opinion Summary: A jury convicted Defendant Leroy Adams of sexual assault in the second degree for having sexual intercourse with K.S. when he knew that K.S. was unaware that a sexual act was being committed. Both Defendant and K.S. were…
Date: September 16, 2011
Citation: 260 P.3d 285
Docket Number: S-13624/S-13633
Justia Opinion Summary: Parents requested that the Anchorage School District evaluate their child for eligibility for special education services. While awaiting the results of the eligibility assessment, the parents arranged for private…
Date: September 2, 2011
Citation: 260 P.3d 1046
Docket Number: S-13916
Justia Opinion Summary: After a disciplinary hearing, a hearing officer found Alaska prison inmate Joseph James guilty of the “low-moderate” infraction of “threatening another person with future bodily harm” at Red Rocks Correctional Center in…
Date: September 2, 2011
Citation: 261 P.3d 397
Docket Number: S-13496
Justia Opinion Summary: Branwen Collier and William Harris are the parents of a daughter, Zada. The parties agreed to shared physical custody of their daughter, and the superior court decided that joint legal custody was in the child’s best…
Date: August 26, 2011
Citation: 260 P.3d 1036
Docket Number: S-12878
Justia Opinion Summary: Robert J. Henrichs, Derenty Tabios, and Robert E. Burk were shareholders and former directors of Chugach Alaska Corporation who ran for election to the Chugach board in 2005. These former directors sued Chugach because…
Date: August 26, 2011
Citation: 259 P.3d 462
Docket Number: S-13375
Justia Opinion Summary: Raising over 50 separate points in this second appeal, Allen Heustess challenged the superior court’s rulings on child support, property distribution, and attorney’s fees. The Supreme Court conducted an exhaustive review…
Date: August 26, 2011
Citation: 258 P.3d 812
Docket Number: S-13993
Justia Opinion Summary: The superior court awarded sole legal custody of two children to their mother, Taunya, upon her motion to modify custody. Their father, William, appealed, arguing that the superior court improperly weighed the best…
Date: August 26, 2011
Citation: 258 P.3d 819
Docket Number: S-13425
Justia Opinion Summary: This case involved a contract dispute between 3-D & Co. and Tew’s Excavating, Inc. The dispute was over the terms of a construction contract for two roads in the Scenic View Subdivision of the Matanuska-Susitna Borough.…
Date: August 26, 2011
Citation: 258 P.3d 833
Docket Number: S-13645/S-13855
Justia Opinion Summary: At issue in this case were coverage limits associated with underinsured motorist (UIM) insurance and whether coverage provided under disputed insurance policies complies with the requirements of Alaska insurance…
Date: August 19, 2011
Citation: 258 P3d 102
Docket Number: S-13659
Justia Opinion Summary: In 2002, the superior court appointed a professional conservator for a mother suffering from dementia. Her daughter, Appellant Evelyn Foster (who also served as special advocate), resisted the appointment. From 2002…
Date: August 19, 2011
Citation: 258 P3d 113
Docket Number: S-13942
Justia Opinion Summary: Appellant Zebuleon Whitney collided with a bicyclist in his pick-up truck, seriously injuring the bicyclist. The bicyclist sought a settlement agreement in excess of the maximum coverage of the driver’s insurance policy.…
Date: August 19, 2011
Citation: 258 P3d 118
Docket Number: S-13620
Justia Opinion Summary: The superior court interpreted a statutory preference for the purchase of state land in a manner that disqualified Appellant Melvin Gillis, from which he appealed. Appellant is a professional sport hunting and fishing…
Date: August 17, 2011
Citation: 262 P.3d 598
Docket Number: S-14404
Date: August 12, 2011
Citation: 259 P.3d 447
Docket Number: S-13650
Justia Opinion Summary: A child lived with both of his parents for the first two years of his life. His parents then separated, and they shared custody of the child for about a year, first under an informal agreement and later under the terms…
Date: August 12, 2011
Citation: 257 P3d 1154
Docket Number: S-13436
Justia Opinion Summary: Appellant Robert Stevens was charged with and convicted of violating local borough noise and adult entertainment ordinances. The borough later protested the continued operation of his bar under its Alcoholic Beverage…
Date: July 29, 2011
Citation: 257 P3d 108
Docket Number: S-13439
Justia Opinion Summary: A jury convicted Defendant Byron Kalmakoff of raping and murdering his cousin when he was fifteen years old. Troopers sent to investigate the murder conducted four interviews with Defendant. Before trial, Defendant moved…
Date: July 29, 2011
Citation: 261 P.3d 367
Docket Number: S-13472
Justia Opinion Summary: Appellant Shabd-Sangeet Khalsa bought a home kit from Mandala Custom Homes in 2003. The house was assembled and Appellant moved in. Shortly thereafter, the house developed various problems. Appellant climbed a ladder to…
Date: July 29, 2011
Citation: 257 P3d 151
Docket Number: S-13782
Justia Opinion Summary: An Alaska state trooper was terminated in part due to dishonesty. The Public Safety Employees Association (PSEA) filed a grievance on behalf of the discharged trooper and then invoked arbitration. An arbitrator…
Date: July 22, 2011
Citation: 255 P.3d 984
Docket Number: S-13426
Justia Opinion Summary: Landowner Appellant Charles Miller contracted with Handle Construction Company, a manufacturer of pre-fabricated steel hangars, to erect a steel hangar on his land. After completing its work, the Company sued Appellant…
Date: July 22, 2011
Citation: 258 P.3d 795
Docket Number: S-13537
Justia Opinion Summary: In 2003, Officer Lee Virg-In used a taser twice on J.N., an 11-year-old girl. She had been driving an ATV in the streets of Kotzebue with another younger passenger. J.N. ran several stop signs and was otherwise driving…
Date: July 22, 2011
Citation: 255 P.3d 1003
Docket Number: S-14012
Justia Opinion Summary: In 2007, after receiving 39 protective services reports involving allegations of abuse and neglect over the course of fifteen years, the Office of Children's Services (OCS) removed five children from parents "Ralph" and…
Date: July 22, 2011
Citation: 255 P.3d 991
Docket Number: S-13586
Justia Opinion Summary: In 2005 the Department of Revenue denied Permanent Fund Dividends (PDFs) to Appellants In and Peggy Harrod and their children. The Harrods appealed to the superior court where they argued that the Department lacked the…
Date: July 15, 2011
Citation: 254 P.3d 1112
Docket Number: S-13710
Justia Opinion Summary: In 2006, Appellant Yvan Safar contracted with developer Per Bjorn-Roli to construct a 12-unit condominium project. Appellee Wells Fargo agreed to finance the project. By early 2007, the developer paid Appellant the…
Date: July 15, 2011
Citation: 254 P.3d 1121
Docket Number: S-13167
Justia Opinion Summary: Appellant Thomas Price, Jr. posted "no trespassing" signs on his property in 1998 in an attempt to quell what he believed were an excessive number of snow machiners using a trail that crossed his land, damaging it,…
Date: July 8, 2011
Citation: 254 P.3d 1095
Docket Number: S-14022
Justia Opinion Summary: Christina J. appealed the termination of her parental rights to her son Gideon. She developed substance abuse problems as a young teenager and because involved in an abusive relationship with Gideon's father shortly…
Date: July 1, 2011
Docket Number: S-13524
Justia Opinion Summary: At issue for the Supreme Court was whether under the Federal Constitution a criminal defendant's court-appointed counsel must, upon the defendant's demand after lawful sentencing pursuant to a plea agreement, file a…
Date: July 1, 2011
Citation: 253 P.3d 1226
Docket Number: S-13699
Justia Opinion Summary: Terminated employee Karen Crowley appealed a superior court's dismissal of her contract claims against her former employer, the Alaska Department of Health & Social Services, Office of Children's Services (OCS). Ms.…
Date: July 1, 2011
Citation: 254 P.3d 348
Docket Number: S-13748
Justia Opinion Summary: The City of Juneau has an ordinance that prohibits smoking in certain places. In 2008, the City Assembly amended the ordinance to prohibit smoking in "private clubs" that offer food or alcoholic beverages for sale. The…
Date: July 1, 2011
Citation: 253 P.3d 1233
Docket Number: S-13796
Justia Opinion Summary: The Alaska Department of Transportation and Public Facilities (DOTPF) fired Appellee Paul Smith for misconduct. Smith, an equipment operator, shot and field-dressed a moose while on duty in 2005 and received a thirty-day…
Date: June 24, 2011
Citation: 254 P.3d 341
Docket Number: S-13640
Justia Opinion Summary: In 1999, Appellant-Employee Kenneth Monzulla hurt his back at work. In 2001, he and his employer entered a partial compromise and release agreement to settle all issues stemming from the injury except for future medical…
Date: June 24, 2011
Citation: 254 P.3d 1088
Docket Number: S-13602
Justia Opinion Summary: The State provided prisoner Dewell Pearce extensive medical care during his incarceration. Around the time of his release from custody, Mr. Pearce won a medical malpractice judgment against the State. The State paid part…
Date: June 17, 2011
Citation: 253 P.3d 616
Docket Number: S-13590
Justia Opinion Summary: Appellant Leta Trask painted a religious message on her roof. Appellee Ketchikan Gateway Borough filed a complaint to enjoin Ms. Trask from displaying the message. The Borough argued that the message was in violation of…
Date: June 10, 2011
Citation: 254 P.3d 1068
Docket Number: S-13763
Justia Opinion Summary: This appeal stemmed from the 2008 valuation of a parcel of real property owned by Appellant Martha Dunnagan. Larry Varilek, the personal representative of Ms. Dunnagan’s estate, argued that the Board of Equalization…
Date: June 10, 2011
Citation: 252 P.3d 1011
Docket Number: S-12921
Justia Opinion Summary: Chilkoot Lumber Company, a commercial landlord (Chilkoot) and its tenant, Rainbow Glacier Seafood (Rainbow) resolved their lease dispute by settlement and entered the terms of the settlement on the record at trial.…
Date: June 10, 2011
Citation: 252 P.3d 1020
Docket Number: S-13734
Justia Opinion Summary: Appellant Frank Griswold appealed the Homer Advisory Planning Commission’s grant of a conditional-use permit to a mariculture association. The city clerk rejected his appeal for lack of standing because Appellant did not…
Date: June 10, 2011
Citation: 254 P.3d 1073
Docket Number: S-13917
Justia Opinion Summary: Appellant Loren Larson, Jr. sued Alaska, alleging that the Alaska Court of Appeals violated its "duties to establish rules of law and declare what legal rights a citizen has." The court dismissed Appellant’s petition for…
Date: June 10, 2011
Docket Numbers: S-13499, S-13520
Date: June 10, 2011
Citation: 254 P.3d 1078
Docket Number: S-13711
Justia Opinion Summary: Gas producers that lease land from Alaska must pay royalties calculated on the value of the gas produced from the leased area. The royalty may be calculated in one of two methods: the “higher of” pricing or contract…
Date: May 27, 2011
Citation: 255 P.3d 966
Docket Number: S-13380
Justia Opinion Summary: In 1956, Appellants Harold and Ellen Cowan were deeded half of a tract of land that contained a "perpetual right of way running with the land" over a thirty-foot strip along its southeastern side. Between 1960 and 1973,…
Date: May 27, 2011
Citation: 252 P.3d 998
Docket Number: S-13527
Justia Opinion Summary: Appellant Phyllis Williams appealed an order of the superior court that denied four motions to reconsider child support, visitation arrangements, the appointment of a court custody investigator, and a share of her…
Date: May 27, 2011
Citation: 254 P.3d 1054
Docket Number: S-13407
Justia Opinion Summary: Appellant Habib Azimi was involved in a car accident and subsequently brought a pro se personal injury suit against the other driver, Appellee David Johns. Mr. Azimi twice asked for continuances for medical reasons, but…
Date: May 13, 2011
Citation: 250 P.3d 1127
Docket Number: S-13785
Justia Opinion Summary: Bryan and Leota Bagby divorced in 2008. Mr. Bagby was awarded custody of the couple’s only child during the school year. Mrs. Bagby was awarded visitation in the summer months and on alternate holidays. Mr. Bagby moved…
Date: April 29, 2011
Citation: 251 P.3d 346
Docket Number: S-13462
Justia Opinion Summary: Appellee Advanced Physical Therapy, Inc. (APT) terminated the employment of Appellant Patricia Hoendermis. She had previously served as the clinic’s practice administrator. APT’s reason for terminating her was that…
Date: April 22, 2011
Citation: 250 P.3d 531
Docket Number: S-13094
Date: April 22, 2011
Citation: 252 P.3d 992
Docket Number: S-13964
Date: April 15, 2011
Citation: 251 P.3d 990
Docket Number: S-13721
Date: April 15, 2011
Citation: 249 P.3d 1063
Docket Number: S-13825
Date: March 18, 2011
Citation: 249 P.3d 286
Docket Number: S-12768
Date: March 11, 2011
Citation: 247 P.3d 990
Docket Number: S-13333
Date: February 18, 2011
Citation: 249 P.3d 264
Docket Number: S-13798
Date: February 11, 2011
Citation: 247 P.3d 957
Docket Number: S-13747
Date: February 4, 2011
Citation: 246 P.3d 916
Docket Number: S-13852
Date: January 21, 2011
Docket Numbers: S-13499, S-13520
Date: January 21, 2011
Citation: 251 P.3d 330
Docket Number: S-13759
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