Alaska Supreme Court

John C. Beeson and Xong Chao Beeson, Appellants v. City of Palmer, Appellee

March 25, 20162016 Alas. LEXIS 38

Summary

The court held that the City was not liable for inverse condemnation because its 2005 Helen Drive project was not a substantial factor in causing the Beesons' flooding. It clarified that inverse-condemnation causation requires the government action to have been more likely than not a substantial factor in producing the injury, and that a government is not liable merely for failing to correct an original public-project design defect. The court remanded the attorney-fee issue because the superior court did not consider statutory protections concerning economic incentive and undue hardship.