trespass claim (Alaska) · Go Syfert
← Alaska issues

trespass claim in Alaska

6 Alaska opinions name it 1 courts 1996–2018 0 in the last five years

The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
John's Heating Service v. Lambgreen
alaska · 2002 · cited in 1 Alaska opinions naming this issue, 2018–2018
1 sentence

2018Facilities, 107 P.3d 871, 881 (Alaska 2005) (quoting John’s Heating Serv. v. Lamb, 46 P.3d 1024, 1032 (Alaska 2002)). 42 The Lums respond that the superior court did not rule on these arguments and the officers have waived them.

11
Hammond v. State, Department of Transportation & Public Facilitiesgreen
alaska · 2005 · cited in 1 Alaska opinions naming this issue, 2018–2018
1 sentence

2018Facilities, 107 P.3d 871, 881 (Alaska 2005) (quoting John’s Heating Serv. v. Lamb, 46 P.3d 1024, 1032 (Alaska 2002)). 42 The Lums respond that the superior court did not rule on these arguments and the officers have waived them.

11
Brown Jug, Inc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 959green
alaska · 1984 · cited in 1 Alaska opinions naming this issue, 2014–2014
1 sentence

2014But a trespasser may be liable for nominal damages even if "his presence on the land causes no harm to the land," Brown Jug, Inc. v. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., Local 959, 688 P.2d 932, 938 (Alaska 1984) (quoting Restaremznt (See. onp) or Torts § 163 (1965)), thus the viability of Konrad's trespass claim does not depend on the specificity of her damage allegations. 37 .

11
Parks Hiway Enterprises, LLC v. CEM Leasing, Inc.green
alaska · 2000 · cited in 1 Alaska opinions naming this issue, 2014–2014
1 sentence

2014Mapco Express, Inc. v. Faulk, 24 P.3d 531, 539 (Alaska 2001) (citing Parks Hiway Enters., L.L.C. v. CEM Leasing, Inc., 995 P.2d 657, 664 (Alaska 2000); Restatement (SEconp) or Torts §§ 158, 163). 38 .

11
Mapco Express, Inc. v. Faulkgreen
alaska · 2001 · cited in 1 Alaska opinions naming this issue, 2014–2014
1 sentence

2014Mapco Express, Inc. v. Faulk, 24 P.3d 531, 539 (Alaska 2001) (citing Parks Hiway Enters., L.L.C. v. CEM Leasing, Inc., 995 P.2d 657, 664 (Alaska 2000); Restatement (SEconp) or Torts §§ 158, 163). 38 .

11
Shockley v. Hoechst Celanese Corp.green
scd · 1992 · cited in 1 Alaska opinions naming this issue, 2000–2000
1 sentence

2000The other cases Parks Hiway cites — Shockley v. Hoechst Celanese Corp., 793 F.Supp. 670, 674 (D.S.C.1992), Burt v. Beautiful Savior Lutheran Church of Broomfield, 809 P.2d 1064 (Colo.App.1990), and Lever Bros.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
State Farm Mutual Automobile Insurance Co. v. Lestenkof green
alaska · 2007
1 sentence

2018Co. v. Lestenkof , 155 P.3d 313 , 316 (Alaska 2007) ). 4 McElroy v. Kennedy , 74 P.3d 903 , 906 (Alaska 2003). 5 Strong admitted during discovery that he was not bringing a trespass claim against the Municipality, but because the Municipality does not argue on appeal that he waived it, we will address it. 6 Parson v. State, Dep't of Revenue, Alaska Hous.

12018–2018
Crawford v. Kemp green
alaska · 2006
1 sentence

2018They argue that the invasion of privacy claim is barred because they entered the Lums’ home only in “the orderly performance of [their] duties,” and that the trespass claim is barred because their entry was “privileged.”42 We take these arguments to mean that the officers cannot be held liable under either tort theory because their entry was 40 See id. 41 Hammond v. State, Dep’t of Transp. & Pub.

12018–2018
McElroy v. Kennedy green
alaska · 2003
1 sentence

2018Co. v. Lestenkof , 155 P.3d 313 , 316 (Alaska 2007) ). 4 McElroy v. Kennedy , 74 P.3d 903 , 906 (Alaska 2003). 5 Strong admitted during discovery that he was not bringing a trespass claim against the Municipality, but because the Municipality does not argue on appeal that he waived it, we will address it. 6 Parson v. State, Dep't of Revenue, Alaska Hous.

12018–2018
Lee v. Konrad green
alaska · 2014
1 sentence

2017We have also stated that consent can be “implied from actions or conduct, applicable social conventions, or the relationship between the parties.” Lee, 337 P.3d at 522 . 12 See RESTATEMENT (SECOND) OF TORTS § 892 cmt. c. -3- 1622 raise the trespass exception when he appealed the classification to the then-existing Animal Control Appeals Board.13 The board determined that the victim was not committing trespass at the time of the injury.

12017–2017
Burt v. Beautiful Savior Lutheran Church of Broomfield green
coloctapp · 1990
1 sentence

2000The other cases Parks Hiway cites — Shockley v. Hoechst Celanese Corp., 793 F.Supp. 670, 674 (D.S.C.1992), Burt v. Beautiful Savior Lutheran Church of Broomfield, 809 P.2d 1064 (Colo.App.1990), and Lever Bros.

12000–2000
McDowell v. State green
alaska · 1998
1 sentence

2000We did not consider there “whether contamination resulting from unintentional acts would satisfy the elements of a trespass claim.” Id.

12000–2000
Wickwire v. City & Borough of Juneau green
alaska · 1976
1 sentence

1996Although Wickwire asserted a trespass claim, as did Mount Juneau Enterprises in this case, we concluded that the landowner’s only remedy in such a case “is an inverse condemnation action for just compensation for the value of the easement on the date of taking_” Id. at 784 .

11996–1996

Where else courts name it

TX 92 (1943–2026) CA 44 (1956–2025) OH 30 (1964–2026) FL 29 (1975–2021) NY 28 (1986–2021) WA 24 (1995–2025) MI 23 (1931–2025) AL 22 (1979–2016) PA 20 (1962–2025) CO 18 (1982–2025) MO 16 (1984–2018) MS 15 (1985–2025) IN 15 (1994–2025) GA 14 (1957–2023) OR 13 (1973–2025) NC 12 (1994–2025) MD 11 (1936–2025) UT 10 (1989–2024) IL 10 (1907–2025) CT 10 (1977–2026) MN 8 (1989–2014) IA 8 (2013–2024) NV 8 (1979–2022) ME 8 (2001–2025) KS 7 (1996–2024) AZ 7 (2009–2023) MA 7 (1940–2024) VT 7 (2010–2025) AK 6 (1996–2018) NM 5 (2002–2022) WV 4 (1984–2013) ND 4 (2006–2020) WI 4 (2014–2021) HI 4 (1979–2023) TN 4 (1964–2018) ID 4 (2016–2024) NJ 4 (1981–2025) VA 4 (1998–2017) VI 3 (2008–2026) SC 3 (2006–2016) LA 3 (1914–2010) AR 3 (1988–2026) MT 3 (2012–2019) OK 3 (1993–2026) RI 2 (1975–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check