Justia Government & Administrative Law Opinion Summaries

Chloe O. had a history of substance abuse and mental health issues. OCS took Chloe's fifteen-month-old daughter, Ashanti, into emergency custody because of Chloe's drug abuse, suicide attempts, assaultive behaviors, and affinity for unsafe people and situations. OCS made many unsuccessful attempts to assist Chloe in obtaining treatment for her substance abuse issues and, eventually, for her mental health issues. Following a trial, Chloe's parental rights to Ashanti were terminated. Chloe appealed the trial court's termination order on several grounds, one being that OCS failed to try to reunify Chloe's family. Before briefing was completed the parties agreed that the case should be remanded to allow the trial court to reconsider the active efforts question under the correct evidentiary standard. The trial court found, by clear and convincing evidence, that OCS had made active efforts to reunify Chloe's family. Chloe appealed the trial court's finding and ultimately, the court's decision to terminate her parental rights. Finding no reversible error, the Supreme Court affirmed in all respects. View "Chloe O. v. Alaska" on Justia Law

Claudio P. was incarcerated before his daughter Iris was born and was likely to remain incarcerated for a significant portion of Iris's childhood. Iris was taken into State custody in June 2010 due to her mother's substance abuse and unsafe conditions in her home. Claudio's mother requested that Iris be placed with her, but she was unable to maintain stable housing. Claudio provided the name of his father, who lived in South Dakota, as another placement option. OCS requested home studies under the Interstate Compact on the Placement of Children for each of Claudio's parents. Both home studies came back with positive recommendations shortly before the termination trial. Following the trial, the trial court terminated Claudio's parental rights to Iris and noted that Iris's permanent placement would be determined at a subsequent hearing. Claudio argued that the trial court erred by terminating his rights because OCS should have taken more action to place Iris with one of his parents. After its review, the Supreme Court concluded that OCS's investigation of Claudio's placement request was reasonable and timely, and that each of the trial court's challenged findings was supported by substantial evidence. View "Claudio P. v. Alaska" on Justia Law

The Alaska State Commission for Human Rights dismissed Gregg Conitz's complaint against his employer, Teck Alaska Incorporated. In his complaint, Conitz alleged the company discriminated in its promotion decisions. The superior court dismissed Conitz's appeal as moot, finding that the same claims had already been decided by a federal court and that the doctrine of res judicata precluded further claims if remanded to the Commission. Conitz appealed. Finding no reversible error, the Supreme Court affirmed the superior courts decision. View "Conitz v. Alaska State Commission for Human Rights" on Justia Law

Frank Griswold made a public records request for emails related to a public bond proposition. The City of Homer produced all of the emails requested, except for certain privileged emails and deleted emails that could not be recovered without expensive software. Griswold sought to compel the records not produced. Upon review, the Supreme Court concluded that there was sufficient record support for the superior court to decide that the city manager used "good faith and reasonable effort" to comply with the request. View "Griswold v. Homer City Council" on Justia Law

Appellant Hugo Rosales suffered an injury working on a fish-processing vessel. He filed both a workers' compensation claim and a maritime lawsuit. Appellant and the employer ultimately entered into a global settlement of both cases. The state Workers' Compensation Board initially rejected the settlement. Appellant later tried to withdraw from the settlement but changed his mind. At a hearing, he testified that the though the settlement was in his best interests. The Board approved the settlement after the hearing. Several months later, appellant moved to have the agreement set aside. The Board denied this request. The Workers' Compensation Appeals Commission affirmed the Board's decision. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Rosales. v. Icicle Seafoods, Inc." on Justia Law

The issue on appeal before the Supreme Court concerned a contract dispute between Appellant North Pacific Erectors, Inc. and the Alaska Department of Administration. North Pacific and the Department contracted for a renovation and asbestos removal project in a State office building. After work began, North Pacific requested additional payment for the asbestos removal, claiming there was a differing site condition that made the project more labor-intensive than it had expected. The Department denied the differing site condition claim, and North Pacific filed an administrative appeal. A hearing officer recommended that North Pacific was entitled to additional compensation. But the hearing officer's recommendation was rejected, and a final agency decision was issued denying North Pacific's claim for additional compensation. North Pacific challenged the agency decision in superior court, arguing that the agency decision was procedurally flawed and incorrectly resolved the contract issues. The superior court affirmed the agency decision. North Pacific appealed. The Supreme Court concluded that even if North Pacific could prevail on its differing site condition claim or its procedural claims, its failure to comply with express provisions of the contract would have barred recovery. Therefore, the Court affirmed the superior court's decision affirming the agency decision. View "North Pacific Erectors, Inc v. Alaska" on Justia Law

Four children tested positive at birth for cocaine. After the fourth child was born, the Office of Children's Services (OCS) took custody of the child and placed him with his maternal grandmother. Based on the mother's history of untreated substance abuse, OCS filed a petition for termination of the her parental rights months after the child was born. After trial, the superior court concluded that termination was in the best interests of the child. The mother appealed, arguing that she was not given a reasonable time to remedy her substance abuse issues, that OCS did not exercise reasonable efforts over the short period prior to termination, and that termination eight months after birth was not in her child's best interests. Upon review, the Supreme Court affirmed the decision of the superior court because it properly considered the mother's history with OCS, her conduct after the child's birth, and the best interests of the child. View "Amy M. v. Alaska" on Justia Law

Alaskan Crude Corporation applied to the Alaska Oil and Gas Conservation Commission to have a suspended the "Burglin 33-1" well reopened to explore for oil and gas. Arguing that it was highly unlikely that oil from the well would rise to the surface unassisted, Alaskan Crude requested to be exempted from oil discharge response requirements or, in the alternative, to have the requirements reduced. The Commission made successive reductions to the technical flow-rate assessments and the response planning standards that it recommended to the Alaska Department of Environmental Conservation for use in setting Alaskan Crude’s discharge response requirements. The Commission declined, however, to classify the Burglin 33-1 well as a gas facility, which would have exempted Alaskan Crude entirely from such requirements. Alaskan Crude appealed to the superior court, challenging the Commission’s recommended response planning standards and its well classification. The superior court affirmed. Alaskan Crude appealed from the superior court’s decision. Finding no error, the Supreme Court affirmed. View "Alaskan Crude Corporation v. Alaska" on Justia Law

A tour company claimed fraud and misconduct on the part of a borough in the course of a fraudulent conveyance trial concerning liability for property taxes. Specifically, the company argued that a police officer falsely testified at trial concerning a conversation he allegedly had with the company president regarding the company's obligation to pay borough taxes. The superior court denied relief under Rule 60(b)(3), finding that the company had failed to establish clear and convincing evidence of fraud. The company appealed, arguing that the superior court applied the incorrect legal standard and that the company presented clear and convincing evidence of fraud. The company also appealed various orders relating to discovery and the award of attorney's fees. Because the superior court applied the correct legal standard and did not abuse its discretion in finding that there was not clear and convincing evidence of fraud, the Supreme Court affirmed its denial of the Rule 60(b) motion. Furthermore, the Court affirmed the lower court's refusal to reopen discovery or awarding attorney's fees. View "Alaskan Adventure Tours, Inc. v. The City and Borough of Yakutat" on Justia Law

The Nancy Lake State Recreation Area (“Park”) issued special use permits to owners of private property abutting the remote boundary of the Park that grant them the right to use all-terrain vehicles (ATVs) along the Butterfly Lake Trail to access their private property. The ATVs have damaged the Trail and the surrounding wetlands. SOP, Inc. sued to enjoin the Park from issuing these ATV permits. SOP moved for summary judgment, and the Park filed a cross-motion for summary judgment. The Superior Court denied SOP’s motion and granted the Park’s motion. SOP appealed. Upon review, the Supreme Court held that the permits created easements because the Park could revoke the permits at will. Easements are disposals of property; the Alaska Constitution prohibits the Park from disposing of property that the legislature has set aside as a state park. The Court concluded the permits were illegal and reversed. View "SOP, Inc. v. Alaska" on Justia Law