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Justia Daily Opinion Summaries

Alaska Supreme Court
March 13, 2021

Table of Contents

Creekside Limited Partnership, et al. v. Alaska Housing Finance Corporation

Civil Procedure, Government & Administrative Law, Government Contracts, Zoning, Planning & Land Use

Ahtna, Inc. v. Alaska, Department of Transportation & Public Facilities, et al.

Civil Procedure, Government & Administrative Law, Native American Law, Real Estate & Property Law, Zoning, Planning & Land Use

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Legal Analysis and Commentary

The Oprah Interview as a Truth Commission

LESLEY WEXLER

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Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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Alaska Supreme Court Opinions

Creekside Limited Partnership, et al. v. Alaska Housing Finance Corporation

Docket: S-17517

Opinion Date: March 12, 2021

Judge: Daniel E. Winfree

Areas of Law: Civil Procedure, Government & Administrative Law, Government Contracts, Zoning, Planning & Land Use

A project developer that used state-allocated federal tax credits for a low-income housing project sued the state housing authority, asserting an option to eliminate a contractual obligation to maintain the project as low-income housing for 15 years beyond the initial 15-year qualifying period. The superior court granted summary judgment in favor of the housing authority, and the developer appealed several aspects of the court’s ruling. After review of the superior court record, the Alaska Supreme Court concluded that court correctly interpreted the relevant statutes and contract documents, and correctly determined there were no material disputed facts about the formation of the parties’ agreements.

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Ahtna, Inc. v. Alaska, Department of Transportation & Public Facilities, et al.

Docket: S-17496

Opinion Date: March 12, 2021

Judge: Carney

Areas of Law: Civil Procedure, Government & Administrative Law, Native American Law, Real Estate & Property Law, Zoning, Planning & Land Use

The State of Alaska claimed the right under Revised Statute 2477 (RS 2477) to clear land and permit the use of boat launches, camping sites, and day use sites within an alleged 100-foot right of way centered on a road on land belonging to an Alaska Native corporation, Ahtna, Inc. Ahtna sued, arguing that its prior aboriginal title prevented the federal government from conveying a right of way to the State or, alternatively, if the right of way existed, that construction of boat launches, camping sites, and day use sites exceeded its scope. After years of litigation and motion practice the superior court issued two partial summary judgment orders: (1) holding as a matter of law that any preexisting aboriginal title did not disturb the State’s right of way over the land; and (2) holding as a matter of law that the right of way was limited to ingress and egress. To these orders, the Alaska Supreme Court concluded the superior court did not err, therefore affirming both grants of partial summary judgment.

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