Alaska Supreme Court

Ethel B. Kelly v. Municipality of Anchorage

March 2, 20122012 Alas. LEXIS 40

Summary

The court held that summary judgment for the Municipality of Anchorage was improper because evidence created genuine issues of material fact about whether municipal workers caused a valve box cover to be removed and whether the Municipality had constructive notice of the uncovered valve box. The court reversed the grant of summary judgment and remanded for further proceedings, while affirming the denial of Kelly’s cross-motion because factual disputes also precluded judgment in her favor. No separate opinions were provided.