[DOWNLOAD] "Deusen v. Seavey" by The Supreme Court of the State of Alaska ~ Book PDF Kindle ePub Free
eBook details
- Title: Deusen v. Seavey
- Author : The Supreme Court of the State of Alaska
- Release Date : January 23, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
OPINION No. 5613 I. INTRODUCTION The Van Deusens sued their neighbors, the Seaveys, to enjoin a private nuisance caused by numerous sled dogs kenneled on the Seaveys' property. The superior court denied an injunction. Did this denial collaterally estop the Van Deusens' second lawsuit to enjoin the Seaveys? We hold that it does because the Van Deusens have not demonstrated that there was any genuine factual dispute about whether the noise the dogs caused worsened after injunctive relief was denied in the first lawsuit. We therefore affirm the summary judgment against the Van Deusens in the second lawsuit. We nonetheless remand for consideration of the Seaveys' attorney's fees request because we conclude that the parties' dismissal stipulation did not preclude the Seaveys from seeking attorney's fees under Alaska Civil Rule 68.
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