Smith v. Alaska

Petitioner Sherman "Red" Smith built and operated a sawmill on 14 acres of land under a special-use permit from the U.S. Forest Service. He alleged that Alaska acquired title to the land and conveyed it to a third party without acknowledging his claim or compensating him for his improvements. The last disputed conveyance of the land took place in 1983. The superior court dismissed Petitioner's claim, finding it to be time-barred under any applicable statute of limitations. The superior court also ruled in favor of the State on two alternative grounds: first, concluding that sovereign immunity bars fraud actions against the State and second, determining that res judicata bars the relitigation of a claim the superior court previously dismissed in 2007. Petitioner appealed, arguing that statutes of limitations cannot bar claims brought for the vindication of constitutional rights. Because statutes of limitations do apply to constitutional claims, and because Petitioner did not allege harm amounting to a continuing violation, the Supreme Court affirmed the superior court's dismissal of Petitioner's claim as time-barred. The Court also affirmed the superior court's alternative finding that the 2007 dismissal of Petitioner's previous claim bars his current action. View "Smith v. Alaska" on Justia Law