Justia Real Estate & Property Law Opinion Summaries

A married couple divorced after more than two decades together, having had four children during their marriage. At the time of their separation, two children were already adults, and the youngest two were still minors or in high school. The parties agreed to a bifurcated divorce, settling some issues but leaving child support and the division of marital assets unresolved. Key disputes included child support obligations for their adult daughter, who was intellectually disabled and living in an assisted facility, the classification of a $100,000 early inheritance received by the husband, and the equitable division of marital property, including responsibility for capital gains taxes after selling marital real estate.The Superior Court of the State of Alaska, Third Judicial District, Palmer, conducted a trial on these issues. The court found that the wife had primary physical custody of the adult daughter and ordered the husband to pay child support, both retroactively through the daughter’s graduation and ongoing support until she began receiving Social Security benefits. The court classified the $100,000 inheritance as marital property, in part because it was deposited into a shared account and used to pay marital debt. The court divided the marital estate unequally, awarding 55% to the wife, based mainly on her role as homemaker and the husband’s higher earning potential, and denied the husband’s request for reimbursement for post-separation expenditures on the property (Ramsey credit). The court also made the husband responsible for 55% of the capital gains tax liability.On appeal, the Alaska Supreme Court affirmed the superior court’s rejection of the husband’s claims of judicial bias, its child support order, its classification of marital property, its denial of the Ramsey credit, and the overall division of the marital estate. However, it remanded for further findings on the allocation of capital gains tax liability, holding that the superior court must make additional findings explaining its unequal division of that debt. View "Cline v. Duckett" on Justia Law

A landowner and his neighbors disputed the location of a retaining wall built along their shared property line. The landowner, representing himself, claimed the wall encroached onto his lot and sought its removal and compensation. The neighbors, one of whom is an attorney, denied any encroachment and alternatively asserted that if any part of the wall did extend onto the landowner’s property, they had acquired that portion by adverse possession. The landowner relied on a survey and email evidence to support his claims, while the neighbors cited a prior survey and their continuous use of the area.The Superior Court of the State of Alaska, Third Judicial District, Anchorage, oversaw the proceedings. The landowner filed several motions, including for admission of evidence, recusal of the judge, and a jury trial, but each was denied for procedural reasons such as untimeliness or failure to comply with court rules. The neighbors filed counterclaims, including one for adverse possession and another to quiet title. Discovery disputes arose, and the court compelled the landowner to comply and permitted the neighbors to enter his property for further survey work. At trial, the landowner repeatedly interrupted proceedings and disregarded the court’s instructions, leading to his participation being restricted to remote access and, after continued disruptions, his removal from the trial.The Supreme Court of the State of Alaska reviewed the case. It held that the superior court did not abuse its discretion in removing the landowner from trial due to his disruptive conduct and that the award of attorney’s fees to the neighbors was proper. The court also determined that most of the landowner’s claims on appeal were waived due to inadequate briefing. The order of the superior court was affirmed. View "Humphrey v. Reges" on Justia Law

A married couple jointly petitioned for dissolution of their marriage in Alaska, reaching a written agreement to divide their assets, including the husband’s military benefits and the marital home. At the time of the dissolution, the husband was receiving monthly payments from the Coast Guard, which were described in the petition as “retirement benefits.” Both parties confirmed in court that the agreement was voluntary and fair, and the husband agreed to pay half of his military benefits to his spouse directly. The superior court master found the agreement satisfied statutory requirements and recommended approval, which the Superior Court of the State of Alaska, Third Judicial District, Kodiak, then incorporated into the dissolution decree.After the decree was issued, the husband began labeling payments as both “retirement” and “disability pay.” Upon learning from Coast Guard officials that his payments were actually Combat-Related Special Compensation (CRSC) and not divisible as marital property under federal law, he filed motions challenging the enforceability of the decree, arguing that federal law barred division of his benefits and raising claims of mistake, fraud, and coercion. The Superior Court denied his motions, finding he had voluntarily consented to the division and that his challenges were untimely under Alaska Civil Rule 60(b), as more than one year had passed since the decree. The court also addressed an ancillary dispute regarding removal of the husband’s name from the mortgage of the marital home, ultimately finding both parties responsible for delays and declining to order a forced sale.The Supreme Court of the State of Alaska reviewed the appeal. It held that even if the decree divided benefits contrary to federal law, this did not render the judgment void or entitle the husband to relief under Civil Rule 60(b). The husband’s claims of mistake, fraud, or coercion were time-barred, and no extraordinary circumstances justified relief. The court further determined the Superior Court did not abuse its discretion in resolving the mortgage issue. The judgment was affirmed. View "Million v. Hubert" on Justia Law

A property owner claimed an easement for driveway access across his neighbor’s land, based on an alleged oral agreement with a prior owner of the neighboring property. He asserted that this permission influenced where he built his house and that the driveway was essential for fuel deliveries and transporting heavy items. After the neighboring property changed ownership several times, the new owners denied any such easement existed. The property owner continued to use the driveway sporadically for fuel deliveries, but his overall use declined over the years, especially after an alternate easement was arranged on another lot.The Superior Court of the State of Alaska, Fourth Judicial District, reviewed the dispute after the property owner filed a complaint seeking to establish his right to use the driveway. The current landowners opposed the claim, arguing that there was no legally recognized easement and that the property owner had alternative access routes. The superior court denied both parties’ motions for summary judgment, finding genuine disputes of material fact, and the case proceeded to trial. After hearing testimony from the parties and witnesses, the court determined that the property owner had not met his burden to prove either an easement by estoppel or a prescriptive easement.On appeal, the Supreme Court of the State of Alaska affirmed the superior court’s judgment. The Supreme Court held that the property owner failed to prove an easement by estoppel because he did not provide clear and convincing evidence of an oral grant of permission. The Court also concluded that, while the property owner’s use may have been continuous and hostile, it was not open and notorious, as a reasonably diligent owner would not have been aware of the driveway due to its lack of visibility. Thus, the claim for a prescriptive easement also failed. The Court affirmed the superior court’s decision. View "Koponen v. Romanov" on Justia Law

A credit union recorded a judgment lien against an individual, Troy Lewis, in January 2017. Several months later, the Alaska Department of Revenue, Child Support Services Division (CSSD), recorded a child support lien against Lewis’s property. Subsequently, a law firm acting as trustee initiated a nonjudicial foreclosure on Lewis’s property to satisfy a deed of trust held by a bank. After paying the bank, the trustee was left with surplus proceeds from the foreclosure sale. Both the credit union and CSSD claimed entitlement to these surplus funds, with the credit union asserting priority based on the earlier recording of its lien, and CSSD asserting priority under statutes specific to child support liens and withholding orders.The District Court of the State of Alaska, Anchorage, ruled in favor of CSSD, finding that the statutory provisions governing child support liens and withholding orders gave CSSD priority to the surplus funds, despite its lien being recorded after the credit union’s. The district court also found that CSSD’s withholding order applied to the surplus. The Superior Court of the State of Alaska, Third Judicial District, Anchorage, affirmed this decision, relying primarily on the child support withholding order statute as more specific and therefore controlling over the general lien priority statute.The Supreme Court of the State of Alaska held that CSSD’s withholding order was ineffective in this scenario because, at the relevant time, the surplus funds were not “due, owing, or belonging” to Lewis, as required by the statute. However, the court ruled that the statutory prohibitions on transferring property subject to a CSSD child support lien (AS 25.27.230(d)) do apply to judgment lienholders in nonjudicial foreclosure proceedings. This effectively grants CSSD’s lien priority over other judgment liens, regardless of recording order. The Supreme Court affirmed the superior court’s judgment. View "Alaska USA Federal Credit Union v. The Sayer Law Group, P.C." on Justia Law

A city in Alaska amended its zoning code through an ordinance designed to streamline permitting processes, reduce costs, and encourage development. The planning department reviewed the history of conditional use permits and identified certain uses that could be changed to permitted uses across multiple zoning districts. This proposed amendment underwent a series of public meetings and hearings before the city’s planning commission and city council. Notices about these meetings and the ordinance were published, and the ordinance was ultimately adopted by the city council after public participation and minor amendments.A resident challenged the ordinance in the Superior Court for the State of Alaska, Third Judicial District, Homer, claiming the city failed to comply with procedural requirements in its code, did not provide adequate public notice, and that the ordinance lacked a legitimate government purpose, violating substantive due process. He also argued the ordinance was unenforceable and objected to the award of attorney’s fees to the city. The superior court granted summary judgment in favor of the city, finding no genuine issues of material fact, and awarded attorney’s fees to the city, concluding that the city was the prevailing party and the plaintiff’s constitutional claims were frivolous.The Supreme Court of the State of Alaska reviewed the case. It held that the city code required only substantial, not strict, compliance with procedural rules and that the city had substantially complied. The court found the city’s public notices adequate and determined that the ordinance served a legitimate public purpose, rejecting claims of arbitrariness or vagueness. The court also upheld the award of attorney’s fees, finding no abuse of discretion, and concluded the constitutional claims were frivolous, thus not barring a fee award. The Supreme Court affirmed the superior court’s rulings on all issues. View "Griswold v. City of Homer" on Justia Law

A dispute arose over mining rights to a parcel of land near Nome, Alaska. After the Department of Natural Resources (DNR) deemed certain mining claims abandoned, two individuals, Foster and Baker, relocated and recorded new claims in 2017. However, another miner, Klutchnikov, also recorded claims on the same land, asserting an earlier staking date, which would give his claims priority. DNR notified the parties of the overlap and advised them to resolve the conflict through legal means. Klutchnikov later transferred his claims to Amerigold Holdings, LLC, which invested in developing the site. Baker and Silverbow Mining, LLC, whose claims were closed by DNR due to the unresolved conflict, filed suit seeking a declaration that Klutchnikov’s claims were invalid because he had not physically staked the land, but had instead “paper staked” the claims.The Superior Court of the State of Alaska, Second Judicial District, Nome, held a bench trial. The court admitted testimony from other miners about Klutchnikov’s alleged pattern of paper staking, over Amerigold’s objection. The court found that Klutchnikov had not physically staked the disputed claims and that Baker and Silverbow’s claims were valid. The court rejected Amerigold’s laches defense, concluding that Amerigold had not shown it was prejudiced by the delay in filing suit, and that any harm suffered by Amerigold’s manager, Hice, was not relevant because he was not a party.On appeal, the Supreme Court of the State of Alaska held that laches can apply to both quiet title and declaratory judgment actions when they are equitable in nature. The court further held that prejudice to a nonparty closely connected to the defendant, such as an investor with a contractual relationship, may be considered in the laches analysis. The court vacated the Superior Court’s rejection of the laches defense and remanded for further proceedings on that issue, but affirmed the admission of testimony regarding Klutchnikov’s prior acts as relevant to the absence of accident. View "Amerigold Holdings LLC v. Baker" on Justia Law

A couple divorced, and the superior court awarded them joint legal custody of their minor child, with primary physical custody to the mother. The court also divided the couple’s marital estate. The father, representing himself, appealed, arguing that the division of the marital estate was inequitable. He claimed errors in the court’s determinations, including not crediting him for post-separation payments, not allowing him to apply for the child’s Permanent Fund Dividend (PFD), not allowing him to claim the child as a dependent for tax purposes, and its custody decision.The superior court held a one-day trial by videoconference, where both parties testified. The court issued a decree of divorce and findings of fact and conclusions of law, awarding joint legal custody to both parties and primary physical custody to the mother. The court divided the proceeds from the sale of the marital home, taking into account the father’s child support arrearage and an escrow shortage. The court also divided the couple’s vehicles and assigned debts based on testimony and the mother’s spreadsheet. The court ordered that the mother would be responsible for the child’s PFD and could claim the child as a dependent for tax purposes. The court ordered that the father’s 401(k) be divided equitably according to the mother’s spreadsheet.The Supreme Court of the State of Alaska reviewed the case. It vacated the superior court’s division of the marital estate, finding that the court’s treatment of the father’s 401(k) was unclear and lacked clarifying findings. It also found legal error in the court’s failure to address post-separation payments when dividing the marital estate. The court remanded for further proceedings on these issues. The Supreme Court otherwise affirmed the superior court’s decisions, including the custody award and the decisions regarding the child’s PFD and tax dependency. View "Wolffe v. Wolffe" on Justia Law

A contractor hired a subcontractor to work on a remote bridge construction project. The scope of the work changed, and neither party kept detailed records of the changes and associated costs. Years after the project was completed, the subcontractor sued for damages, claiming unpaid work. The superior court found that the subcontract did not govern the extra work, awarded some damages to the subcontractor, and precluded some claims due to discovery violations. The court also found the contractor to be the prevailing party and awarded attorney’s fees. Both parties appealed.The superior court denied summary judgment motions from both parties, finding factual disputes. It precluded the subcontractor from pursuing certain damages claims due to insufficient documentation but allowed evidence for contingent findings. After a bench trial, the court awarded the subcontractor $191,443.42, later reduced to $146,693.42 upon reconsideration. The court found the contractor to be the prevailing party under Rule 68 and awarded attorney’s fees.The Supreme Court of Alaska reviewed the case. It concluded that the superior court abused its discretion by precluding the subcontractor’s claims for snowmachine use and labor without considering less severe sanctions. The court affirmed the superior court’s findings on other damages but reversed the awards for Morris Johnson’s labor and boat use, remanding for recalculation. The prevailing party determination and attorney’s fee award were vacated and remanded for reconsideration. The court otherwise affirmed the superior court’s judgment. View "Johnson v. Albin Carlson & Co." on Justia Law

A former landlord sued two commercial tenants and their law firm, alleging negligent infliction of emotional distress (NIED), malicious prosecution, and abuse of process. The claims arose from prior litigation where the tenants had successfully counterclaimed for damages against the landlord. The landlord claimed that the tenants' actions during the prior litigation caused him emotional distress and were malicious and abusive.In the prior proceedings, the landlord had filed a forcible entry and detainer (FED) action against the tenants, which resulted in the tenants counterclaiming for breach of contract and other damages. The superior court dismissed the landlord's FED claim and some of the tenants' counterclaims but awarded the tenants damages for breach of contract related to property maintenance. The Alaska Supreme Court affirmed this decision.The superior court dismissed the landlord's new claims, taking judicial notice of the prior proceedings without converting the motion to dismiss into a motion for summary judgment. The court ruled that the NIED claim was barred by litigation privilege, the malicious prosecution claim failed because the prior proceedings did not terminate entirely in the landlord's favor, and the abuse of process claim failed because the landlord did not allege an ulterior purpose separate from the litigation process.The Alaska Supreme Court affirmed the superior court's decision. It held that the superior court properly took judicial notice of the prior proceedings and did not need to convert the motion to dismiss. The court agreed that the NIED claim was barred by litigation privilege, the malicious prosecution claim failed due to the lack of favorable termination, and the abuse of process claim failed because the landlord did not allege an ulterior purpose independent from the litigation process. View "Griffith v. Hemphill" on Justia Law