7 results for 'judge:"Borghesan"'.
J. Borghesan finds the superior court properly ruled that even though the State wrongly determined certain property was not taxable, the State cannot now assess taxes on this property if more than three years have passed since the taxpayer filed its tax return. The city's interpretation “would greatly undermine the core purpose of the statutory limitations period: to protect potential taxpayers from the uncertainty of perpetual tax liability.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: April 19, 2024, Case #: S-18351, Categories: Tax
J. Borghesan finds police must get a warrant before taking pictures of your yard with a zoom lens while flying in an airplane. “The fact that a random person might catch a glimpse of your yard while flying from one place to another does not make it reasonable for law enforcement officials to take to the skies and train high-powered optics on the private space right outside your home without a warrant.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: March 8, 2024, Case #: S-17910, Categories: Search
J. Borghesan finds the superior court properly entered summary judgment in the case of an estate of a deceased Fairbanks entrepreneur that languished in probate for years. The wife “had a reasonable ability to protect her own rights against some of the former personal representative’s alleged misdeeds, and…the former personal representative’s lawyer did not know or have reason to know of the other alleged misdeeds," therefore "the lawyer did not owe a duty of care to the deceased man’s wife.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: February 2, 2024, Case #: S-18317, Categories: Wills / Probate
[Consolidated] J. Borghesan finds the superior court erred in ruling that the State’s Medicaid recovery claim did not arise during a woman’s lifetime and should have been brought within four months of her death. “Medicaid estate recovery claims arise before death and therefore must be filed within four months after notice to creditors. Although the State may not pursue these claims until after the Medicaid beneficiary has died, these claims arise when Medicaid services are provided, not when the claims become enforceable.”
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: December 22, 2023, Case #: S-18380, Categories: Medicaid
J. Borghesan finds the superior court correctly ruled in a case involving owners of a neighboring waterfront shared cove. “Because the surveyor set the boundary of the properties in question at the mean high tide line, the court did not err by determining the boundary based on evidence of where the mean high tide line actually was when the properties were surveyed rather than relying solely on the location of the monument.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: November 17, 2023, Case #: S-18208, Categories: Property
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J. Borghesan finds the superior court properly dismissed a mining company’s claims when its sole filing in the prior year was a substitution of counsel. The counsel substitution was not a “proceeding” that terminated the period of delay and the company “failed to clearly explain its dilatory conduct.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: August 11, 2023, Case #: S-18243, Categories: Business Practices
J. Borghesan finds the superior court properly divided marital property despite a wife’s depression during divorce proceedings. The court’s finding that the wife’s depression was not debilitated “rested on [wife’s] 25-year history as a court clerk and the fact that by 2012 she was well enough to care for her young grandchild.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: July 14, 2023, Case #: S-18272, Categories: Family Law