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Citing Snyder and AS 28.35.033(a), Nelson argues that the court was required to presume that the result would have been below .04 percent. 8 See Seybert v. Alsworth, 367 P.3d 32, 38-39 (Alaska 2016) (“[W]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.”); Irby v. Fairbanks Gold Mining, Inc., 203 P.3d 1138, 1142 (Alaska 2009) (“The principle that [an appellate court] can affirm o…

“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 t…

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.…

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 revi…

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 Ci…

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 Ci…

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 o…

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 part…

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).

Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016) (quoting Angleton v. Cox, 238 P.3d 610, 614 (Alaska 2010)). 26 .

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))). .

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 …

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).

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)). .

Seybert v. Alsworth, 367 P.3d 32, 36 (Alaska 2016). 11 .

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.

See City of Valdez v. State, et al., 367 P. 3d 32 (Alaska 2016) 2 .