OPINION BOLGER , Justice . I. INTRODUCTION A landowner sued her neighbor for trespass, alleging that the neighbor cleared trees from the landowner's property without permission. The superior court found that the tree cutting did not diminish the property value and that there was no reason personal to the landowner for restoring the trees. But the superior court awarded damages equal to the cost of restoring 50 trees on the property. Ordinarily, a landowner damaged by a trespass may...
Memorandum decisions of this court do not create legal precedent. A party wishing to cite a memorandum decision in a brief or at oral argument should review Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * This appeal presents a single question: whether non-judicial deed of trust foreclosures generally are covered by the Alaska Unfair Trade Practices and Consumer Protection Act (UTPA). 1 The superior court ruled that the UTPA does not cover such foreclosures and dismissed Arista...
Memorandum decisions of this court do not create legal precedent. A party wishing to cite a memorandum decision in a brief or at oral argument should review Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION Karl and Elizabeth Shear were married for less than eight months before they separated after a domestic violence incident. Elizabeth obtained a domestic violence restraining order, which allowed her to live in the marital residence while the divorce case was...
Memorandum decisions of this court do not create legal precedent. A party wishing to cite a memorandum decision in a brief or at oral argument should review Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION Karl and Elizabeth Shear were married for less than eight months before they separated after a domestic violence incident. Elizabeth obtained a domestic violence restraining order, which allowed her to live in the marital residence while the divorce case was...
OPINION FABE , Chief Justice . I. INTRODUCTION The Alaska Workers' Compensation Board fined an uninsured employer a substantial amount because the employer had since 2005 operated for a significant period of time without carrying statutorily required workers' compensation insurance. This was not the employer's first failure to carry the required insurance. On appeal, the Alaska Workers' Compensation Appeals Commission affirmed part of the Board's decision, but it reversed the Board on...
OPINION FABE, Chief Justice. I. INTRODUCTION J.W. is the son of Jeanette Myre, a member of the Asa'carsarmiut Tribe, and John Wheeler, a non-member. In 2007 Myre petitioned the Asa'carsarmiut Tribal Court to assume jurisdiction over the custody of J.W. After a hearing in which both parents participated, the tribal court awarded Myre primary physical custody and granted Wheeler limited visitation rights. In 2011 Wheeler kept J.W. at the end of a visitation period, alleging that he was...
OPINION BOLGER , Justice . I. INTRODUCTION A pilot who worked at a remote fishing lodge filed a claim under the Alaska Wage and Hour Act (AWHA) for unpaid overtime wages. Applying the four-part test of Dayhoff v. Temsco Helicopters, Inc., 1 the superior court concluded that the pilot was a "professional employee" who was exempt from the overtime requirement. But the legislature amended AWHA in 2005 to adopt the federal definition of this exemption. 2 The federal definition restricts...
Memorandum decisions of this court do not create legal precedent. A party wishing to cite a memorandum decision in a brief or at oral argument should review Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION Jack Roberson appeals from a superior court order denying his motions for a change in custody. He argues that the superior court should have focused on the best interests of his two children and his allegations of poor parenting by the children's mother, Rhonda...
OPINION FABE, Chief Justice. I. INTRODUCTION Chloe W. 1 appeals the termination of parental rights to her three-year-old son Timothy, an "Indian child" 2 under the Indian Child Welfare Act of 1978 (ICWA). She claims the trial court erred by: (1) relying too heavily on a stipulation filed after the close of evidence, which Chloe contends was the result of ineffective assistance of counsel; (2) finding that Chloe had not remedied the conduct that placed Timothy at risk; (3) finding that OCS...
OPINION BOLGER, Justice. I. INTRODUCTION Fred Becker V, a loss prevention manager employed by Fred Meyer Stores, Inc., was terminated in January 2012. He sued his former employer, alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and wrongful termination. The superior court granted summary judgment in favor of Fred Meyer, concluding (1) that Fred Meyer's loss prevention policy manual did not create a contract between Becker and Fred Meyer and Becker'...
OPINION MAASSEN, Justice. I. INTRODUCTION In this case we are asked to determine whether an employee was entitled to temporary total disability benefits after he left employment under disputed circumstances. The employee injured his back at work but returned after being cleared for lighter duty. His employment soon ended for reasons the parties dispute, and he moved with his family to Nevada, where he later had back surgery. The Alaska Workers' Compensation Board found his injury...
Memorandum decisions of this court do not create legal precedent. A party wishing to cite a memorandum decision in a brief or at oral argument should review Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * INTRODUCTION Dustin B. and Jane B. appeal the termination of their parental rights to their son, Darryl. 1 The parents challenge the trial court's findings that: (1) Darryl was a child in need of aid; (2) they did not remedy within a reasonable time the conduct or conditions...
Memorandum decisions of this court do not create legal precedent. A party wishing to cite a memorandum decision in a brief or at oral argument should review Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION David Gary Gladden has brought multiple appeals before this court relating to his ownership interest in real and personal property that was sold by the City of Dillingham in foreclosure proceedings to satisfy a tax delinquency judgment. We recently issued a...
OPINION MAASSEN, Justice. I. INTRODUCTION Graham R. and Jane S. have one child. 1 A 2006 court order granted Graham sole legal and primary physical custody. In 2012 Graham traveled to California for heart surgery and took the child with him, cutting off contact with Jane and causing her to miss a number of scheduled visits. When Graham returned to Alaska Jane moved for sole legal and primary physical custody, and the superior court granted her motion after an evidentiary hearing. Graham...
STOWERS, Justice. I. INTRODUCTION This is the second appeal in a case that began in July 2008 when the Alaska Office of Children's Services (OCS) assumed custody of four-month-old Dawn 1 from her parents. 2 Dawn was found to be a child in need of aid (CINA). 3 Dawn's parents were Alaska Natives and thus the protections and requirements of the Indian Child Welfare Act (ICWA) 4 applied to the CINA case. 5 One of ICWA's provisions establishes preferences for foster care and adoptive...
OPINION MAASSEN, Justice. I. INTRODUCTION The appellants in this case are minors from communities across Alaska who claim that the State has violated its duties under the Alaska Constitution and the public trust doctrine by failing to take steps to protect the atmosphere in the face of significant and potentially disastrous climate change. The minors argue that the superior court erred when it dismissed their complaint on grounds that their claims were not justiciable — specifically,...
BOLGER, Justice. I. INTRODUCTION The owner of two lots and a residence near the Palmer Municipal Airport brought an inverse condemnation claim against the City of Palmer, arguing that the airport operation diminished his property value. The superior court entered summary judgment for the City of Palmer because the property owner failed to submit any expert testimony regarding damages. We reverse the superior court's decision because Alaska law permits property owners to testify about their...
OPINION MAASSEN, Justice. I. INTRODUCTION The superior court adjudicated Candace 1 a child in need of aid because she had been sexually abused by her adoptive brother. The superior court nonetheless ordered that Candace be returned to her parents' home, holding that the Department of Health and Social Services, Office of Children's Services (OCS), had failed to present "qualified expert testimony" as required by the Indian Child Welfare Act (ICWA) to support a finding that she would likely...
FABE, Chief Justice. I. INTRODUCTION An elderly father was hospitalized for medical testing and treatment. The father had previously granted a durable power of attorney to his eldest adult daughter and had been residing with his youngest adult daughter and her family. One of the father's adult sons initiated guardianship and conservatorship proceedings over the father. The son's petition alleged that the father was incapacitated and unable to manage his affairs or his property, citing the...
OPINION MAASSEN, Justice. I. INTRODUCTION The superior court issued a declaratory judgment interpreting a settlement agreement between Nautilus Marine Enterprises (Nautilus) and Exxon, 1 then decided that Exxon was the prevailing party. Nautilus appeals the ensuing awards of attorney fees and costs as excessive. It focuses particularly on the out-of-state hourly billing rates that the superior court accepted, the number of hours billed, and the court's imposition of a fee enhancement and...
