Justia Government & Administrative Law Opinion Summaries

A taxi driver was cited for driving with a suspended license. She asserted that she was not driving the cab on the night in question. Because she had several other violations her license was revoked. The driver appealed the revocation of her license. An evidentiary hearing was held and the hearing officer recommended that the revocation be upheld. The transportation commission adopted the hearing officer’s proposed decision. The taxi driver appealed to the superior court, arguing that the revocation was in error and that her due process rights were violated. The superior court affirmed the Commission. The taxi driver appealed and used the same arguments on appeal to the Supreme Court. Because the taxi driver’s due process rights were not violated and there was sufficient evidence to revoke her license, the Supreme Court affirmed. View "Patrick v. Municipality of Anchorage" on Justia Law

The issue on appeal before the Supreme Court in this case was the validity and interpretation of a roadway easement granted to meet a borough's subdivision plat-waiver requirements. The borough approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original easement. After the work was completed the owners sued the developer for trespass, alleging implicitly that the original easement grant was invalid because it was not properly executed and acknowledged, and asserting that there might be public prescriptive easement across their property. The superior court granted summary judgment in favor of the developer on the validity of the easement, holding that any acknowledgment deficiencies were cured. The Supreme Court agreed with the landowners that the superior court misapplied the statute, but affirmed the grant of summary judgment on other grounds. View "Windel v. Mat-Su Title Insurance Agency, Inc." on Justia Law

Christopher C. and Therese C.'s parental rights were terminated as to the couple's four children. The trial court relied primarily on evidence that neither parent had acquired the basic skills necessary to parent their children despite more than a year of training by the Department of Health & Social Services' Office of Children's Services. The Supreme Court after its review concluded that the trial court's findings were supported by sufficient evidence. Therefore the Court affirmed the termination of the parties' parental rights. View "Christopher C. v. Dept. of Health & Social Services, Office of Children's Services" on Justia Law

Yauna Taylor and Calvin Grimmett were both University of Alaska employees terminated through notices of nonretention; Grimmett was alternatively terminated for cause. The Superior Court found that the University violated Taylor's due process rights by nonretaining her without a hearing rather than for cause; the court upheld the nonretention for Grimmett, but set aside his for-cause termination because the University violated the objective prong of the implied covenant of good faith and fair dealing. The University appealed Taylor's case; Grimmett appealed his and the University cross-appealed. Upon review of both cases, the Supreme Court concluded that the University indeed violated Taylor's due process rights by using a notice with no hearing. In Grimmett's case, the Court found the University violated his due process rights to terminate his employment without a hearing. The Court reversed the Superior Court's decision to uphold Grimmett's nonretention and reversed the for-cause termination. Both cases were remanded to their respective tribunals for further proceedings on backpay remedies. View "Grimmett v. University of Alaska" on Justia Law

The Office of Children's Services (OCS) placed a Native child in a non-Native foster home while working with the other towards reunification. Over two years later, the superior court terminated the parents' parental rights. The child's maternal grandmother and the tribe sought to enforce the Indian Child Welfare Act's (ICWA) placement preferences. The foster parents petitioned for adoption. The superior court found good cause to deviate from the ICWA preference, and that the grandmother was not a suitable placement for the child. On appeal to the Supreme Court, the tribe argued the superior court erred by applying the wrong standard of proof for the good cause determination; that the court's findings were not supported by sufficient evidence; and that the findings were not sufficient to support the good cause determination. The Supreme Court found that the ICWA implicitly mandated that good cause to deviate from ICWA's adoptive placement preferences be proved by clear and convincing evidence. To the extent prior cases held otherwise, they were overruled. Therefore the superior court was vacated here and the case remanded for further proceedings. View "Native Village of Tununak v. Alaska" on Justia Law

A mother, appearing pro se, appealed a child support order. She claimed that the superior court erred in requiring her to pay child support to a father who shared physical custody and erred in refusing to allow a deduction for her direct support of two children from a prior relationship. Upon review, the Supreme Court concluded that the support order was justified despite the shared custody, but the Court vacated the order and remanded the case back to the superior court for consideration of the deduction that Alaska Civil Rule 90.3 allowed for the mothers' direct support of her other children. View "O'Neal v. Campbell" on Justia Law

In two cases consolidated by the Supreme Court for this opinion, the Alaska Workers' Compensation Appeals Commission applied different standards to evaluate motions to stay future medical benefits, and the losing party in each case petitioned for review of the Commission's stay decision. The Court granted review to decide what standard applies to stays of future medical benefits. After review, the Court held that to stay future medical benefits, the employer must show the existence of the probability that the appeal will be decided adversely to the compensation recipient. View "Municipality of Anchorage v. Adamson" on Justia Law

Appellant Clinton DesJarlais filed an application with the Office of the Lieutenant Governor seeking certification of an initiative that would generally prohibit abortion. The lieutenant governor, acting on the advice of the Department of Law, concluded that the initiative was unconstitutional and declined to certify it for circulation. Appellant filed suit against the State in superior court challenging the lieutenant governor's decision. The superior court granted summary judgment in favor of the State and appellant appealed. Because appellant's proposed initiative was clearly unconstitutional under controlling United States Supreme Court precedent, the Alaska Supreme Court affirmed the superior court's grant of summary judgment. View "DesJarlais v. Alaska" on Justia Law

A motorcyclist was involved in a single-vehicle accident resulting in a cut on his head and minor damage to his motorcycle. The accident involved no other drivers, vehicles, or property. Because the motorcycle was not insured at the time of the accident, the Division of Motor Vehicles (DMV) suspended the driver's license. The motorcyclist appealed the suspension to the superior court, arguing that the suspension violated his equal protection and due process rights under the Alaska Constitution and was precluded by the de minimis nature of the accident. The superior court rejected the his arguments and awarded attorney's fees to DMV. The motorcyclist appealed to the Supreme Court, raising the same substantive arguments and challenging the award of attorney's fees. Upon review, the Court concluded that the motorcyclist's constitutional and common law arguments did not compel reversal of the administrative suspension. However, the Court vacated the entry of attorney's fees and remanded the case to the superior court to determine how the motorcyclist's constitutional challenges should have impacted the award. View "Titus v. Alaska Dept. of Admin., Div. of Motor Vehicles" on Justia Law

An employee filed an affidavit of readiness for hearing in her workers' compensation case approximately four years after her employer filed a controversion of her written workers' compensation claim. The employer petitioned to dismiss her claim based on the statutory deadline for a hearing request. After a hearing, the Alaska Workers' Compensation Board dismissed her claim, and the Alaska Workers' Compensation Appeals Commission affirmed the Board's decision. Because the employee did not file a timely request for a hearing and was not excused from doing so, the Supreme Court affirmed the Commission's decision. View "Pruitt v. Providence Extended Care" on Justia Law