282 P.3d 300
Alaska2012Background
- Smith operated a 14-acre sawmill site under a Forest Service special-use permit beginning in 1959.
- In 1965 the permit area was reduced to 4.66 acres and Smith sought title to the mill site.
- The State of Alaska sought to select land at Cooper Landing and eventually acquired a parcel including Smith's site.
- In 1988 the State conveyed 5.65 acres (containing most improvements) to the Cooper Landing Community Club in a deed that restricted use for the benefit of the community.
- Smith sued in 2006 for takings and related claims, was dismissed as time-barred, and refiled a similar action in 2010 against the State and two DNR officials.
- The superior court granted dismissal and summary judgment on statute of limitations, sovereign immunity, and res judicata grounds, which the court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutes of limitations bar Smith's takings claim. | Smith argues constitutional claims are not subject to limitations. | State contends all civil claims, including constitutional ones, are subject to limitations. | Yes; limitations apply to constitutional claims and the claim accrued by 1983 at latest. |
| Whether the continuing violations doctrine tolls the limitations period. | Smith argues ongoing harm tolls the period. | There was no continuing violation; harm originated with initial actions. | No; no continuing violation since no ongoing acts after 1988. |
| Whether res judicata bars Smith's current action. | Smith contends prior dismissal does not bar current action. | Current and prior suits involve substantively similar claims and parties; res judicata applies. | Yes; prior 2007 dismissal bars the current action. |
Key Cases Cited
- Burnett v. City of Kenai, 860 P.2d 1233 (Alaska 1993) (inverse condemnation/takings with Alaska limits; early takings framework)
- Sengupta v. Wickwire, 124 P.3d 748 (Alaska 2005) (treats certain constitutional claims under state limitations)
- Krause v. Matanuska-Susitna Borough, 229 P.3d 168 (Alaska 2010) (continuing violation and limitations; reconsideration of tolling)
- Reich v. Cominco Alaska, Inc., 56 P.3d 18 (Alaska 2002) (statutes of limitation applicability to civil actions)
- Interior Cabaret, Hotel, Rest. & Retailers Ass'n v. Fairbanks N. Star Borough, 135 P.3d 1000 (Alaska 2006) (statutory limitations and public interest considerations)