Cedric Cutler v. Kodiak Island Borough

Summary

The court held that Kodiak Island Borough lacked statutory or implied authority to record a nonconsensual real-property lien securing unpaid garbage-service charges, and that the lien was therefore an NCCL lien. The court nevertheless held that the Borough was immune from Cutler's damages claim because adopting and recording the lien involved discretionary legislative, executive, and budgetary policy decisions. Cutler also lacked standing to challenge default judgments involving other properties, so the case was remanded for prevailing-party and attorney-fee determinations.