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   State Courts - Alaska - February 4 - February 11, 2000

  
Am. Computer Inst. v. State, Supreme Court Nos. S-8664, S-8694, No. 5235, SUPREME COURT OF ALASKA, February 4, 2000, Decided
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Overview: Order requiring appellant to refund tuition to students affirmed where appellant breached enrollment contract by failing to provide students with educational programs and withdrawal policy did not limit liability.

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Native Village of Eklutna v. Board of Adjustment, Supreme Court No. S-8695, No. 5237, SUPREME COURT OF ALASKA, February 4, 2000, Decided
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Overview: Grant of conditional use permit for granite mining vacated because finding that no historical resources would be adversely affected by mining was not supported by substantial evidence.

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Parks Hiway Enters. v. Cem Leasing, Supreme Court No. S-8593, No. 5236, SUPREME COURT OF ALASKA, February 4, 2000, Decided
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Overview: The court affirmed grant of summary judgment for appellees, holding that, as a fuel distributor, appellees had no ownership, authority, or control over the service station, nor any knowledge that the tanks were leaking.

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Pitka v. State, Court of Appeals No. A-6901, No. 1659, COURT OF APPEALS OF ALASKA, February 4, 2000, Decided
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Overview: The trial judge erred in failing to instruct the jury regarding proof that defendant recklessly disregarded victim's lack of consent, an element of sexual assault in the first-degree, so sexual assault conviction reversed.

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State v. Fogg, Court of Appeals No. A-7285, No. 1660, COURT OF APPEALS OF ALASKA, February 4, 2000, Decided
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Overview: Case remanded for court below to strike portion of sentence allowing convicted defendant to substitute payment of fine for community service because substitution of fine was not allowed by statute.

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Bennett v. Hedglin, Supreme Court No. S-8830, No. 5239, SUPREME COURT OF ALASKA, February 11, 2000, Decided
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Overview: Regardless of binder's existence at time of cabin fire, insured made material misrepresentations on his insurance application that voided any coverage he might have had; it was harmless error to deny oral argument.

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Department of Revenue, Child Support Enforcement Div. v. Pealatere, Supreme Court No. S-7507, No. 5238, SUPREME COURT OF ALASKA, February 11, 2000, Decided
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Overview: Non-custodial parent's child support obligation was offset by her interest in marital property; state agency's right to recoup public assistance payments yielded to equitable consideration of child support obligation.

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