Creekside Limited Partnership, Creekside-Alyeska, LLC, and Community Development, Inc. v. Alaska Housing Finance…

Summary

The Alaska Supreme Court affirmed summary judgment for the Alaska Housing Finance Corporation, holding that the project documents imposed a 30-year affordability commitment and eliminated the qualified contract option. The court also held that Creekside presented no admissible evidence creating a genuine dispute about the parties’ contractual intent and that the superior court properly denied reconsideration. The court concluded that waiver principles did not apply because Creekside had no surviving right to exercise the qualified contract option.