Whittle v. Weber
2010 Alas. LEXIS 123
| Alaska | 2010Background
- Weber sued Whittle alleging nuisance, subdivision-covenant violations, and borough-ordinance violations related to Whittle's junkyard-like property.
- Superior Court ordered limited discovery entry onto Whittle's land for inspection to determine hazardous substances, with residence excluded from inspection.
- Whittle initially consented to an inspection date but later withdrew consent, leading to a contempt motion by Weber.
- A July 30, 2008 written order required Whittle to provide a mutually agreeable date for inspection within 30 days; later correspondence involved proposed dates in November 2008.
- At a contempt hearing the court orally ordered inspection within two weeks on penalty of judgment; Whittle asserted constitutional rights and refused to consent.
- The court entered final judgment against Whittle for abating the nuisance and preserving covenants; on appeal, the Alaska Supreme Court reversed the judgment but affirmed the discovery-order framework and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly ordered Whittle to allow a limited property inspection | Weber | Whittle | Court did not abuse discretion; inspection order valid |
| Whether entering judgment as a discovery sanction was proper | Weber | Whittle | Judgment as sanction was error; vacated and remanded |
| Whether Whittle willfully disobeyed discovery orders | Weber | Whittle | Sanction improper; cannot conclude willful noncompliance from record |
| Whether the court correctly addressed statute of limitations and laches defenses | Weber | Whittle | No error in denying dismissal on these grounds |
| Whether other alleged errors render this case moot or require different relief | Weber | Whittle | Mootness issues left to be resolved on remand; not dispositive |
Key Cases Cited
- Jones v. Jennings, 788 P.2d 732 (Alaska 1990) (balancing privacy and discovery while inspecting private property)
- Hughes v. Bobich, 875 P.2d 749 (Alaska 1994) (discovery sanctions and abuse of discretion standards)
- DeNardo v. ABC Inc. RVs Motorhomes, 51 P.3d 919 (Alaska 2002) (willful noncompliance and sanctions reasoning)