Richard Krause and B. Jean Krause, Appellants v. Matanuska-Susitna Borough, Carol Christiansen, Norma Christiansen…

Summary

The court affirmed dismissal of the Krauses' constitutional claims seeking damages because statutory and ordinance-based remedies were available, but held that they could pursue declaratory and injunctive relief based on the alleged constitutional violations. It also held that the ordinary two-year and statutory-penalty one-year limitation periods applied, while concluding that the proposed amended complaint alleged facts that could support equitable tolling and equitable estoppel. The court therefore reversed dismissal of the remaining claims and denial of leave to amend, and remanded for further proceedings.