Alaska Supreme Court
Link C. Fannon, Appellant v. Nola Polo, Personal Representative of the Estate of June Scheele, Appellee.
February 8, 2019436 P.3d 956
Summary
The Alaska Supreme Court affirmed the superior court’s summary‑judgment ruling that the 1998 Greenbelt Covenant is valid and enforceable, rejected Fannon’s arguments that the covenant conflicted with the subdivision Declaration or was ambiguous, and upheld the denial of his motion to compel the estate’s attorney’s deposition and his request for clarification of the injunction. The Court held that the covenants were unambiguous, that extrinsic evidence of intent was irrelevant, and that Fannon failed to preserve his ambiguity argument.