Real Property Lawyers win New Trial in Landlord “Bachelor Pad Ad” Case

Real Property Lawyers applied the Fair Housing Act’s section 3604(c)  to a Craigslist advertisement for a one-bedroom apartment. The Connor Group placed an ad on Craigslist for an apartment in Dayton, Ohio, advertising a “great bachelor pad for any single man looking to hook up.” The Miami Valley Fair Housing Center brought suit against the Connor Group for violating the Fair Housing Act. The case went to trial.  The jury found that the ad did not violate the act. Miami Valley appealed the district court’s denial of their  Rule 59 motion for a new trial. The Connor Group cross-appealed because after winning the trial they were denied a recovery of their attorney fees.   On appeal the court sent the parties back for a new trial.  The court ruled that the jury instructions improperly stated the law.  The full case can be found here.

If you are an Alaskan landlord, Alaskan property manager or Alaskan real estate agent and want to avoid Fair Housing Act violations call us at 907-375-9226 to review your advertisement policy.

Clayton Walker, JD

Anchorage Real Property Lawyer

 

 

Expansive Business Attorney Views from Wolverine Peak

Anchorage Small Business Attorney
Does your business attorney have an expansive view of your business?

It’s good to get out and take in the views on a sunny day.  From Wolverine Peak across the Chugach Range.  Lots of people were out for the adventure.  I wound up meeting with a judge, a former board member and client at various points along the hike.

Expansive Business Attorney Views from Wolverine Peak

Anchorage Small Business Attorney
Does your business attorney have an expansive view of your business?

It’s good to get out and take in the views on a sunny day.  From Wolverine Peak across the Chugach Range.  Lots of people were out for the adventure.  I wound up meeting with a judge, a former board member and client at various points along the hike.

Property Line Disputes

 

Property Line Disputes
The subject Property in Dispute

Property Line Disputes

 

The Kaylors live in the north parcel, 4500 E 135th.  The McCarrey’s live in the south parcel, 4530 E 136th.  Between them lies a strip of land that looks like a road.  The parties agree that the strip of land is owned by the McCarreys; but, they don’t agree as to whether the McCarrey’s can exclude the Kaylor’s from their own property.

The Kaylors like to store their Alaska toys at the back of their lot so they don’t have to see their own collection of used vehicles.  Instead, they’d like to leave them in full view of the MCCarrey’s front windows and drive way.  The McCarrey’s proposed fencing the area and installing a gate to reduce the Kaylor’s access and to encourage them to store their stuff somewhere else.  The Kaylors sued to prevent the fence.

The trial court granted the injunction.  The Alaska Supreme court overruled this holding and remanded the matter back to the trial court for additional findings.  Specifically, the land grant that created the interest provided for a public right of way.  However, the parties had not addressed any evidence to the issue of whether the public right of way grant had been accepted by any governmental agency.  If it turns out that the grant was accepted as a public right of way the Kaylors can keep piling stuff up in the McCarrey’s front view.

http://www.courts.alaska.gov/ops/sp-6767.pdf

 

 

SEA SHEPHERD CONSERVATION SOCIETY shall stand trial for Piracy

The Sea Shepherd Conservation Society attacks whaling ships.  The Sea Shepherd attacked the INSTITUTE OF CETACEAN RESEARCH vessel.  Research brought claims of piracy against the Society.  The Oregon federal district court dismissed the claims.  Just last month, on appeal the Ninth Circuit held the Sea Shepherd trial shall proceed to trial and reversed the dismissal.  Under the laws of nations the conduct is piracy, even though the purpose of the conservation group does not include seeking private financial gain from the vessels against which it engages in aggressive actions

Jolly Roger of “Calico Jack” Rackham
Image in public domain

Mechanic’s and Materialmen Liens: Getting Paid in Alaska

Mechanic's Lien
You don’t need a mechanics lien if you’re just making cardboard forts.

Mechanic’s and Materialmen Liens: Getting Paid. 

This outline is very brief and does not include provisions concerning public works contracts under the US Miller Act or the Alaska statutes.  It also does not address any statutory changes subsequent to the author date.  It also does not address any issues with respect to court interpretation.  This information is provided for general information purposes so that you can learn about the general information to protect your business and know the importance of seeking counsel within thirty days of job completion when you have not been paid.  Most important take away is time.  You only have 120 days from last working on the property to assert your lien.  You only have six months to sue on the lien claim unless you extend it.  The time period used to be 90 days but was extended by statute effective September 7, 2010.  These rights are among the post powerful collection tools at a contractor’s disposal.  The following pages address twelve significant aspects of construction lien enforcement.

Continue reading “Mechanic’s and Materialmen Liens: Getting Paid in Alaska”

AS 09.10.240 Extends statute of Limitations for Dismissed Cases

Statute of Limitations
Clayton Walker, Jr.

The Alaska Supreme Court held that Alaska Statute 09.10.210 extends the statute of limitations for cases that are filed and then dismissed.   This includes matters where the prior case was never served on the defendant and the regular statute has already run.

 

THE SUPREME COURT OF THE STATE OF ALASKA

AMERICAN MARINE CORPORATIOd/b/a AMERICAN HYPERBARIC CENTER, Appellant, v. CRYSTAL SHOLIN, Individually; and PUBLIC EMPLOYEES LOCAL 71 TRUST FUND, Appellees.

Supreme Court No. S-14299 Superior Court No. 3AN-09-12353 CI O P I N I O N

Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Andrew Guidi, Judge. N-  6755 – March 8, 2013