Justia Government & Administrative Law Opinion Summaries

Gregg Conitz filed suit against his employer, Teck Alaska Incorporated, alleging discrimination in its internal promotional decisions. The Alaska State Commission for Human Rights dismissed Conitz's complaint, and the superior court dismissed Conitz's appeal as moot. The superior court fount that the same claims had already been decided by a federal court and that the doctrine of res judicata precluded further pursuit of the claims if they were remanded to the Commission. Conitz appealed, but finding no reversible error, the Supreme Court affirmed. View "Conitz v. Alaska State Commission for Human Rights" on Justia Law

Simone H. appealed the trial court's order terminating her parental rights to her son, Irving. Simone challenged the trial court's denial of her request to have Irving's therapy records released to her for use during the termination trial and the trial court's finding that the Office of Children's Services (OCS) made reasonable efforts to provide services designed to enable Irving's safe return to her custody. Upon review, the Supreme Court concluded that the trial court acted within its discretion in denying Simone's request for access to Irving's therapy records and that substantial evidence supported the trial court's finding that OCS made reasonable efforts to reunify Simone with Irving. View "Simone H. v. Alaska Dept. of Health & Social Services, Office of Children's Services" on Justia Law

In 2010, the superior court issued a final order requiring David and Jane Szabo to pay unpaid fines assessed by the Municipality of Anchorage or failing to remove junk stored on their property. The Szabos did not appeal the order. A year later, they filed an Alaska Civil Rule 60(b) motion for relief from judgment. The superior court denied the motion and also denied a subsequent motion for reconsideration. The Szabos appealed, arguing that the fines assessed in this case were unconstitutionally excessive and the municipal code provision under which the Municipality proceeded is unconstitutional. Because the Supreme Court, after its review, concluded that the Szabos' claims did not assert a basis for relief under any section of Rule 60(b), the Court affirmed. View "Szabo v. Municipality of Anchorage" on Justia Law

The issue before the Supreme Court in this case involved the assessed value of the Trans-Alaska Pipeline System for property tax purposes. The parties disputed the method used to assess the pipeline's value as well as the specific deductions made for functional and economic obsolescence. Finding no reversible error, the Supreme Court affirmed the superior court's valuation. View "BP Pipelines (Alaska) Inc. v. Alaska" on Justia Law

Denali Citizens Council challenged the Department of Natural Resources' (DNR) finding that issuing a license to Usibelli Coal Mine for gas exploration in the Healy Basin was in the best interests of the state on two grounds: (1) DNR failed to take a "hard look" at the economic feasibility of excluding certain residential areas and wildlife habitat from the license; and (2) DNR's treatment of environmental mitigation measures in the best interest finding was arbitrary and capricious. Upon review, the Supreme Court affirmed the superior court's order upholding DNR's decision to issue the gas exploration license to Usibelli because the Court concluded that DNR did not act arbitrarily in developing and publishing its best interest finding. View "Denali Citizens Council v. Alaska Dept. of Natural Resources" on Justia Law

Hiland Mountain Correctional Center inmate, Doctor Suzette Welton filed three appeals over the dismissal of her administrative appeals for lack of subject matter jurisdiction. In all three cases, Welton appealed decisions in Department of Corrections (DOC) grievance proceedings. In order to qualify for the administrative appeal procedure, Welton had to show that: (1) she was alleging a violation of her constitutional rights; that (2) the proceeding was adjudicative in nature; and (3) she produced a record capable of appellate review. Upon review, the Supreme Court agreed with the superior courts that the underlying DOC grievance proceedings were not adjudicative proceedings, and they did not produce a record capable of appellate review. View "Welton v. Alaska" on Justia Law

Stephen O.'s parents were concerned that he had suffered a possible psychotic break. They reported his behavior to a mental health clinician. The clinician obtained an ex parte order to take Stephen into custody and transport him to the hospital in Juneau for examination and treatment. The police took him into custody, but due to bad weather he remained in jail for six days before he was transported for evaluation. After a contested hearing, the superior court found by clear and convincing evidence that Stephen was gravely disabled under AS 47.30.915(7)(B) and issued an order for a 30-day involuntary commitment. Stephen appealed that order. Because the superior court’s conclusion that the man was gravely disabled was not supported by clear and convincing evidence, the Supreme Court reversed and vacated the superior court’s 30-day involuntary commitment order. View "In Re Necessity for the Hospitalization of Stephen O." on Justia Law

Philip J. has nine children. The superior court terminated his parental rights to eight. Philip appealed two separate termination orders (Case No. S-14810 and Case No. S14994) which were consolidated in this decision. Philip argued that the superior court erred in finding that active efforts were made to keep this Indian family together in both termination orders. He also argued that the superior court erred when it determined that his eighth child was a child in need of aid. Finding no reversible error, the Supreme Court affirmed both orders. View "Phillip J. v. Alaska" on Justia Law

Bachner Company and Bowers Investment Company were unsuccessful bidders on a public contract proposal. They filed a claim for intentional interference with prospective economic opportunity against four individual procurement committee members. The superior court found that the bidders failed to present a genuine issue of material fact regarding the committee members' alleged bad faith conduct. The superior court then held that the committee members were protected by qualified immunity and that the lawsuit was barred by the exclusive remedy statute. The bidders thereafter appealed. Upon review, the Supreme Court concluded that the bidders indeed failed to present a genuine issue of material fact regarding the committee members' alleged bad faith. Furthermore, the exclusive remedy statute barred the bidders' suit. Accordingly, the Court affirmed the trial court's decision. View "Bachner Company, Inc. v. Weed" on Justia Law

A member of the military moved to a new post in Alaska in 2005. Two months later, he was deployed to Iraq. After 16 months of service in Iraq, he returned to Alaska in December of 2006. Shortly thereafter, he applied for the 2007 Permanent Fund Dividend (PFD), for his eligibility for 2006. The Department of Revenue denied his application. The service member filed an informal appeal and later a formal appeal with the Department, both of which were denied. The superior court affirmed the denial, concluding that the relevant statute required him to reside in Alaska for six months before claiming an allowable absence for military service and that the statute did not violate equal protection under the U.S. and Alaska Constitutions. After its review, the Supreme Court concluded that because the service member was not eligible for the 2007 PFD, the Court affirmed the superior court's judgment. View "Heller v. Alaska Dept. of Revenue" on Justia Law