Alaska, September, 2002, State Case law

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State Courts - Alaska - September 20 - September 25, 2002

Charles v. Interior Reg'l Hous. Auth., Supreme Court No. S-10170, No. 5631, SUPREME COURT OF ALASKA, September 20, 2002, Decided
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Overview: Where former employee resigned after eight-month campaign of harassment by his former employer and he sued for constructive discharge and breach of good faith and fair dealing covenant, trial court erred in granting former employer summary judgment.

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D.H. Blattner & Sons v. N.M. Rothschild & Sons, Ltd., Supreme Court Nos. S-9729/9749, No. 5630, SUPREME COURT OF ALASKA, September 20, 2002, Decided
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Overview: A creditor that provided the necessary mining and earthwork services for debtor could include in its dump lien on-site supervisory labor and could internalize into the labor that it provided its equipment costs.

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Fernandes v. Portwine, Supreme Court Nos. S-9990/10009, No. 5632, SUPREME COURT OF ALASKA, September 20, 2002, Decided
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Overview: Trial court's application of the six rather than the two year statute of limitations in nuisance case was affirmed because the nature of the injuries claimed were interference with plaintiff neighbors' property rights.

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Griswold v. City of Homer, Supreme Court No. S-10321, No. 5629, SUPREME COURT OF ALASKA, September 20, 2002, Decided
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Overview: Where owner's land could not be used for car repair unless uses were grandfathered in, and owner performed occasional car repair on site to take advantage of grandfather clause, substantial evidence supported approval of nonconforming uses.

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Rua v. State, Court of Appeals No. A-7424, No. 4620, COURT OF APPEALS OF ALASKA, September 25, 2002, Decided
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Overview: Show-up identification was not unfairly suggestive, where victim had ample opportunity to observe defendant before he assaulted her, she accurately described him, and only a short time passed between the assault and the identification.

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