green
Positive treatment
Quoted verbatim 1×
62.8 score
“e will affirm on independent grounds not relied on by the superior court only when those grounds are established by the record as a matter of law.”
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016
2021
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Belinda Danice Nelson v. State of Alaska
e will affirm on independent grounds not relied on by the superior court only when those grounds are established by the record as a matter of law.
discussed
Cited as authority (rule)
Frank Griswold v. City of Homer
“In general, a party may not seek relief in a judicial forum until that party has exhausted . . . available administrative remedies.”82 To determine whether a claim should be dismissed for failure to exhaust, “we must decide whether (a) exhaustion of remedies was required; (b) the complainant exhausted those remedies; and (c) the failure to exhaust remedies was excused.”83 “Whether a type of claim generally requires exhaustion of administrative remedies is a legal question that we review de novo.” 84 “Exhaustion is required if a statute or regulation provides for administrative r…
examined
Cited as authority (rule)
Williams Alaska Petroleum, Inc. and The Williams Companies, Inc. v. State of Alaska, Flint Hills Resources Alaska, LLC, and Flint Hills Resources, LLC
(3×)
also: Cited "see", Cited "see, e.g."
The court found that Flint 24 “Primary jurisdiction is a judicially created prudential doctrine that applies ‘to claims properly cognizable in court [but] that contain some issue within the special competence of an administrative agency.’ ” Seybert v. Alsworth, 367 P.3d 32, 39 (Alaska 2016) (alteration in original) (quoting Reiter v. Cooper, 507 U.S. 258, 268 (1993)). 25 We discuss the relevant aspects of testimony and evidence presented when addressing each point on appeal. -14- 7658 Hills was not responsible for PFAS contamination at the refinery.
discussed
Cited as authority (rule)
Treg R. Taylor, in his Official Capacity as Attorney General of the State of Alaska v. Alaska Legislative Affairs Agency
Appeal Attorney General Taylor appeals, asking us to reverse the superior court’s decision that his lawsuit was constitutionally barred, remand for further proceedings on the merits of his claim for declaratory relief under the public interest exception to mootness, and vacate the attorney’s fees award because the Legislative Affairs Agency would no longer be a prevailing party and he otherwise is entitled to protection under AS 09.60.010(c)(2).37 STANDARD OF REVIEW “We review summary judgment rulings de novo.”38 We apply our independent judgment to determine mootness “because, as a …
discussed
Cited as authority (rule)
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, and Jay-Mark Pascua v. State of Alaska, Office of Management & Budget and Department of Administration and Governor Michael J. Dunleavy, in an official capacity
The Students contend that under subsection 17(d) the HEIF is not available 49 Wielechowski v. State, 403 P.3d 1141, 1146 (Alaska 2017) (footnote omitted) (first quoting Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) and then quoting State v. Ketchikan Gateway Borough, 366 P.3d 86, 90 (Alaska 2016)). 50 Cowper, 874 P.2d at 926 (citations omitted) (second alteration in original) (first quoting ARCO Alaska, Inc. v. State, 824 P.2d 708, 710 (Alaska 1992); and then quoting Citizens Coal. for Tort Reform, Inc. v. McAlpine, 810 P.2d 162, 169 (Alaska 1991)). -15- 7622 for appropriation because the…
discussed
Cited as authority (rule)
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, and Jay-Mark Pascua v. State of Alaska, Office of Management & Budget and Department of Administration; and Governor Michael J. Dunleavy, in an official capacity
The Students contend that under subsection 17(d) the HEIF is not available 49 Wielechowski v. State, 403 P.3d 1141, 1146 (Alaska 2017) (footnote omitted) (first quoting Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) and then quoting State v. Ketchikan Gateway Borough, 366 P.3d 86, 90 (Alaska 2016)). 50 Cowper, 874 P.2d at 926 (citations omitted) (second alteration in original) (first quoting ARCO Alaska, Inc. v. State, 824 P.2d 708, 710 (Alaska 1992); and then quoting Citizens Coal. for Tort Reform, Inc. v. McAlpine, 810 P.2d 162, 169 (Alaska 1991)). -15- 7622 for appropriation because the…
discussed
Cited as authority (rule)
Honorable Michael J Dunleavy, in his Official Capacity as Governor for the State of Alaska, Commissioner Kelly Tshibaka, in her Official Capacity as Commissioner of Administration, and Commissioner Michael Johnson, in his Official Capacity as Commissioner of Education and Early Development v. The Alaska Legislative Council, on Behalf of The Alaska State Legislature Coalition for Education Equity, Intervenor, Honorable Michael J. Dunleavy, in his Official Capacity as Governor for the State of Alaska, Commissioner Kelly Tshibaka, in her Official Capacity as Commissioner of Administration, and Commissioner Michael Johnson, in his Official Capacity as Commissioner of Education and Early Development v. Coalition for Education Equity
STANDARD OF REVIEW “We review summary judgment rulings de novo . . . .”21 We decide constitutional issues by “applying our independent judgment.”22 “In doing so we will adopt ‘ “a reasonable and practical interpretation in accordance with common sense” 19 The statute provides, with some qualifications, that “[i]n a civil action or appeal concerning the establishment, protection, or enforcement of a right under the United States Constitution or the Constitution of the State of Alaska, the court . . . shall award . . . full reasonable attorney fees and costs to a claimant, who …
discussed
Cited as authority (rule)
Michaela Robinson and Elias Robinson v. State of Alaska, DHSS, Division of Senior and Disability Services
Under the exhaustion of remedies doctrine, however, the superior court could only hear the issue on appeal from a decision by the ALJ.9 We therefore instruct the superior court to remand the issue to the Division. 7 See Levi, 433 P.3d at 1147 . 8 See 7 Alaska Administrative Code (AAC) 49.030 (2015) (requiring a request for fair hearing to be filed within 30 days of notice of the challenged action). 9 See Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) (“In general, a party may not seek relief in a judicial forum until that party has exhausted his or her available (continued...) -5- 1741 C…
discussed
Cited as authority (rule)
A.L. Cozzetti v. Ray Madrid & All Occupants
Subsection (b)(11) prohibits “conduct creating a likelihood of confusion or of misunderstanding and that misleads, deceives, or damages a buyer . . . in connection with the sale or advertisement of goods or services.” Subsection (b)(12) prohibits 51 (...continued) independent grounds not relied on by the superior court only when those grounds are established by the record as a matter of law.” Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016).
discussed
Cited as authority (rule)
Wielechowski v. State
(2×)
also: Cited "see"
Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) (quoting Angleton v. Cox, 238 P.3d 610, 614 (Alaska 2010)). 26 .
discussed
Cited as authority (rule)
State, Department of Administration, Division of Retirement & Benefits v. Shea
(2×)
Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) ("We will affirm on independent grounds not relied on by the superior court only when those grounds are established by the record as a matter of law." (citing Riley v. Simon, 790 P.2d 1339 , 1343 n.7 (Alaska 1990); McGee v. State, 614 P.2d 800 , 805 n.10 (Alaska 1980))). .
discussed
Cited as authority (rule)
Patrick W. Russell v. Municipality of Anchorage, Animal Care and Control
More importantly, even if the officer concludes that a victim was committing trespass, the decision whether to “refrain from classifying an animal” is also subject to the officer’s “discretionary 13 See former AMC 17.05.105(A)(2)(a) (2015). 14 Seybert v. Alsworth, 367 P.3d 32, 39 (Alaska 2016). 15 Id. 16 Id. (quoting G & A Contractors, Inc. v. Alaska Greenhouses, Inc., 517 P.2d 1379, 1383 (Alaska 1974)). -4- 1622 authority.”17 Thus, even if a court decides that a victim was committing trespass at the time of an injury, the animal control officer retains the authority to maintain the …
discussed
Cited as authority (rule)
Coulson v. Steiner
But we will "affirm on independent grounds not relied on by the superior court only when those grounds are established by the record as a matter of law.” Seybert v. Alsworth, 367 P.3d 32, 38 (Alaska 2016).
discussed
Cited as authority (rule)
South Peninsula Hospital v. Xerox State Healthcare LLC
Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) (quoting Winterrowd v. State, Dep’t of Admin., Div. of Motor Vehicles, 288 P.3d 446, 450 (Alaska 2012)). .
cited
Cited as authority (rule)
Lingley v. Alaska Airlines, Inc.
Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016). 11 .
discussed
Cited "see"
Leo Blas v. Bank of America, NA
(2×)
also: Cited "see, e.g."
See 15 U.S.C. § 1692a(6)(F). 21 Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) (quoting Angleton v. Cox, 238 P.3d 610, 614 (Alaska 2010)). 22 See Alaska R.
cited
Cited "see"
City of Valdez v. State
See City of Valdez v. State, et al., 367 P. 3d 32 (Alaska 2016) 2 .
Retrieving the full opinion text from the archive…
CITY OF VALDEZ
v.
STATE of Alaska, North Slope Borough, and Fairbanks North Star Borough
v.
STATE of Alaska, North Slope Borough, and Fairbanks North Star Borough
No. S-15840.
Alaska Supreme Court.
Jan 29, 2016.
Bolger, Fabe, Maassen, Stowers, Winfree.
Published
Order
The City of Valdez appeals from a superior court judgment in favor of the State of Alaska. Following briefing and argument, we conclude that the statutory scheme composed of AS 48.56.060-185 grants to the State Assessment Review Board the exclusive jurisdiction to hear appeals regarding assessments from the Department of Revenue for the tax levied under AS 48.56.010(b) and AS 29.45.080, including issues of taxability. 15 AAC 56.015 is inconsistent with this statutory scheme and invalid to the extent it requires or allows a municipality or property owner to pursue a taxability appeal using a different procedure within the Department.
We therefore Reverse the superior court judgment and Reman for entry of judgment in favor of the City of Valdez. A full opinion will follow.
Entered by direction of the court.