Alaska Supreme Court

Chris Rosauer and Jeanne Rosauer, Appellants v. Thomas Manos ; Jody Liddicoat; and Greatland Tree Service, LLC…

March 8, 2019440 P.3d 145

Summary

The Alaska Supreme Court affirmed summary judgment for the tree‑removal company and the neighboring homeowner, holding that the municipality’s retroactive permit provided lawful authority for the tree removal and therefore eliminated the Rosauers’ timber‑trespass claim. The Court reasoned that the statute does not require authority to exist at the time of removal and that the municipal code permits retroactive permits, which are reviewed for reasonableness under a rational‑basis standard.