Alaska, February, 2002, State Case law

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State Courts - Alaska - February 15 - February 20, 2002

Alaska R.R. Corp. v. Native Village of Eklutna, Supreme Court No. S-9277, No. 5534, SUPREME COURT OF ALASKA, February 15, 2002, Decided
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Overview: Fact that quarry was originally owned by federal government, and that it had general immunity, did not transform its use of the quarry into a lawful conditional use that qualified it for the grandfather provision. Thus, injunction was affirmed.

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DeSalvo v. Bryant, Supreme Court No. S-9827, No. 5536, SUPREME COURT OF ALASKA, February 15, 2002, Decided
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Overview: The trial court should have considered whether the wage and hour laws applied to the employees, and determined whether the employees were entitled to attorney fees under either the catalyst theory or the wage and hour act.

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Juelfs v. Gough, Supreme Court No. S-9931, No. 5535, SUPREME COURT OF ALASKA, February 15, 2002, Decided
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Overview: Where former husband and wife were unable to share custody of the dog without severe contention, modification of divorce decree property settlement to grant husband sole custody of dog was not an abuse of discretion.

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Justice v. RMH Aero Logging, Inc., Supreme Court Nos. S-9513/9544, No. 5538, SUPREME COURT OF ALASKA, February 15, 2002, Decided
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Overview: Where employee's past employment history was not an accurate predictor of his future wage losses resulting from the injury, workers' compensation board did not err in departing from statutory formula for determining employee's compensation rate.

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McIntire v. State, Court of Appeals No. A-7719, No. 1789, COURT OF APPEALS OF ALASKA, February 15, 2002, Decided
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Overview: Where defendant received only a general explanation of his right to counsel, and nature or quality of defendant's representation could not be determined by the trial record, defendant did not knowingly and intelligently waive his right to counsel.

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Tesoro Petroleum Corp. v. State, Supreme Court No. S-9379, No. 5539, SUPREME COURT OF ALASKA, February 15, 2002, Decided
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Overview: State did not need to show good cause to hire outside legal counsel to assist in investigation of oil company. Documents produced in response to a civil investigative demand could be disclosed to outside counsel as part of investigative team.

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V.S.B. v. Dep't of Health & Soc. Servs., Supreme Court No. S-9817, No. 5537, SUPREME COURT OF ALASKA, February 15, 2002, Decided
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Overview: Mother's rights were properly terminated, as evidence beyond a reasonable doubt proved that two children were sexually abused, all four children showed signs of aggressive behavior, and children did not have loving relationship with mother.

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V.S.B. v. State, Supreme Court No. S-09817, SUPREME COURT OF ALASKA, February 15, 2002, Decided
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Bronson v. State, Court of Appeals No. A-7873, No. 4532, COURT OF APPEALS OF ALASKA, February 20, 2002, Decided
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Overview: Where appellate court's review of the record, including photos and videotape submitted by defendant, supported finding that officer had probable cause to stop defendant for traffic violation, trial court's findings were not clearly erroneous.

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Ruddell v. State, Court of Appeals No. A-7944, No. 4533, COURT OF APPEALS OF ALASKA, February 20, 2002, Decided
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Overview: Where sentencing court considered circumstances of original offense, nature of defendant's conduct while on probation, and violation of probation that led to revocation, sentencing court properly weighed factors for imposing suspended sentence.

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