Alaska Supreme Court

Bradley K. Laybourn, Alan D. Laybourn, Douglas K. Laybourn and Diamond D. Laybourn, Appellants and Cross-Appellees…

December 11, 20152015 Alas. LEXIS 150

Summary

The Alaska Supreme Court affirmed judgment for the City, holding that the easement agreement unambiguously conditioned the City's obligation to build the access road on obtaining permits and funding. The court found no clear error in rejecting the Laybourns' fraudulent-inducement, breach-of-contract, implied-covenant, and unilateral-mistake claims, and held that the City made reasonable efforts to satisfy the conditions before discontinuing the project after a reasonable period. Because the judgment was affirmed on the merits, the court did not reach the City's statute-of-limitations cross-appeal.