Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION The personal representative of Wayne Colyer Fields's estate challenges an October 2015 superior court order providing for the closure of the estate. The order directed that certain property was to be distributed to Fields's children and that the personal...
OPINION MAASSEN , Justice . I. INTRODUCTION A mother and son dispute ownership of a house in Ketchikan. The son contends that his mother gave him the property following her husband's death, and that he spent years repairing and renovating it on the understanding that it was his. His mother argues that she still owns it. She contends that she agreed to transfer title only if her son repaired the property and paid off the mortgage, which he failed to do. Following a bench trial on the son'...
OPINION BOLGER , Justice . I. INTRODUCTION Under the doctrine of tribal sovereign immunity, an Indian tribe is immune from suit unless Congress has authorized the suit or the tribe has waived its immunity. Relying on this doctrine, the superior court dismissed a complaint by Douglas Indian Association against Central Council of Tlingit and Haida Indian Tribes of Alaska and two Central Council officials. Douglas now argues that the superior court's action was premature because sovereign...
OPINION MAASSEN , Justice . I. INTRODUCTION A woman died in a house fire. Her two adult children, having concluded that the cause of the fire was a neighbor's electric fish smoker, brought suit both on behalf of their mother's estate and as individuals, asserting claims for wrongful death and negligent infliction of emotional distress. The superior court concluded that their suit was barred by two-year statutes of limitations and granted summary judgment for the neighbor. The court also...
OPINION WINFREE , Justice . I. INTRODUCTION Parties in a divorce and property division trial disputed the value of the husband's post-retirement military medical benefits. The superior court determined that the benefits were a marital asset, but declined to value them or account for their value when dividing the marital estate. The court instead ordered the husband to pay for comparable medical benefits for the wife for the rest of her life. The court also determined that most of the wife'...
OPINION STOWERS , Chief Justice . I. INTRODUCTION Richard Hughes, Alaska Miners Association, and Council of Alaska Producers (Hughes plaintiffs) challenged the certification of a ballot initiative that would subject large-scale mining operations in the Bristol Bay region to additional legislative approval. It is undisputed that this initiative, if passed, would impact the Pebble Project, a potential large-scale mining project in the Bristol Bay region. The initiative's sponsors, John H....
OPINION WINFREE , Justice . I. INTRODUCTION After a surveyor discovered a discrepancy between the location of a longstanding fence and the boundary between two lots, property owners sued to quiet title to the fenced-off section of their lot. But the owners of the encroaching fence claimed adverse possession of the fenced-off section, and the superior court entered summary judgment in their favor. The property owners who brought the quiet title action appeal, arguing that the court...
OPINION ON REHEARING WINFREE , Justice . I. INTRODUCTION Providence Alaska Medical Center terminated Dr. Michael Brandner's hospital privileges without an opportunity to be heard after determining he had violated hospital policy by failing to report an Alaska State Medical Board order requiring him to undergo an evaluation of his fitness to practice medicine. Dr. Brandner unsuccessfully challenged this action through Providence's internal post-termination hearing and appeal procedures. Dr....
OPINION BOLGER , Justice . I. INTRODUCTION Lisa Reasner suffered years of sexual abuse while in foster care and after the Office of Children's Services (OCS) 1 approved her adoption. Years later Reasner sued OCS after discovering that OCS might have played a role in allowing her abuse. The superior court concluded that Reasner's claims were untimely and granted summary judgment in favor of OCS. The superior court also concluded that even if Reasner's claims had been timely, OCS would...
OPINION STOWERS , Chief Justice . I. INTRODUCTION In July 2009 Richard Mattox filed suit against the Department of Corrections (DOC) for injuries arising from an assault by another prisoner. Mattox alleged that DOC was negligent in failing to accommodate his requests for transfer to a different housing module prior to the assault and that DOC was negligent in permitting the correctional officer on duty to leave the module during the time the assault occurred. The superior court granted...
OPINION WINFREE , Justice . I. INTRODUCTION A state employee applied for occupational disability benefits, claiming that prolonged sitting at work aggravated a preexisting medical condition. The Division of Retirement and Benefits denied the claim. An administrative law judge affirmed that decision, determining that employment was not a substantial factor in causing the employee's disability. On appeal the superior court reversed the administrative law judge's decision. Because the...
OPINION MAASSEN , Justice . I. INTRODUCTION An elderly woman hired an in-home care company to assist her with day-to-day living. The company provided an in-home assistant who was later discovered to have stolen the woman's jewelry and prescription medication. The woman sued both the company and the assistant for conversion and assault, among other causes of action, and accepted an offer of judgment from the company. The assistant did not appear in the superior court. Eventually the woman...
OPINION WINFREE , Justice . I. INTRODUCTION A father requested court-appointed counsel in a child custody modification proceeding after learning that the mother had hired a private attorney. The court denied the request. The father — supported in part by several amici curiae — claims that the denial violated his due process and equal protection rights under the Alaska Constitution. We disagree: We decline to expand our prior decisions by mandating court-appointed counsel for every...
OPINION MAASSEN , Justice . I. INTRODUCTION A tour company hired an employee to work the tourist season as one of its representatives at a Fairbanks hotel where he had worked seasonally in the past. During training, hotel management recalled that the employee had been difficult to work with. They told the tour company they did not want him working at their hotel and, in explaining their decision, made several unfounded statements about him. When the tour company was unable to place the...
OPINION BOLGER , Justice . I. INTRODUCTION Following a disciplinary sanction, a judge was not recommended for retention by the Alaska Judicial Council. Although the judge chose not to campaign, an independent group supported his retention and campaigned on his behalf. After the election the Alaska Commission on Judicial Conduct filed a disciplinary complaint against the judge and later imposed an informal private admonishment on the judge because he did not publicly address allegedly...
OPINION BOLGER , Justice . I. INTRODUCTION Aaron Steiner began a romantic relationship with Juanita Omadlao in May 2013, while Omadlao was still married to David Coulson. Coulson learned about the affair and filed for divorce. After the divorce proceedings ended, Coulson sued Steiner, claiming alienation of affections, fraud and civil conspiracy, and intentional and negligent infliction of emotional distress. Specifically, Coulson alleged that Steiner caused Coulson's divorce and that...
Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION A divorcing couple disputed physical custody of their infant son. Following trial but pending a written order, the couple shared custody equally pursuant to the superior court's interim oral ruling. Both parents submitted proposed findings of fact and...
OPINION WINFREE , Justice . I. INTRODUCTION A recycling company requested rebates under a municipal ordinance providing reduced fees for disposing solid waste residue at the municipal landfill. The municipal department dispersing the rebates construed the ordinance as resulting in lower rebates than the company expected. The company sued the municipality, and the superior court ruled in the municipality's favor. The company appeals. Although the ordinance language is imperfect,...
