Alaska Supreme Court

Samuel Sengul, and Cross-Appellee v. Cms Franklin, Inc. and Robert Manus, and — Christen, J., Dissenting

December 9, 20112011 Alas. LEXIS 135

Summary

Justice Christen dissented from the court's conclusion that CMS did not waive its right to rent abatement. She would have upheld the superior court's factual finding that Manus waived abatement through his repeated acknowledgments and promises to pay rent, combined with his failure to invoke the abatement provision until most of the tourist season had passed.