Smith v. State

274 P.3d 1179, 2012 WL 1506168
CourtAlaska Supreme Court
DecidedApril 27, 2012
DocketS-14222
StatusPublished

This text of 274 P.3d 1179 (Smith v. State) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. State, 274 P.3d 1179, 2012 WL 1506168 (Ala. 2012).

Opinion

274 P.3d 1179 (2012)

Sherman C. "Red" SMITH, Appellant,
v.
STATE of Alaska, and Governor Sean Parnell, Commissioner of Department of Natural Resources Thomas Irwin, and Director of Department of Natural Resources Richard Mylius, Individually, Appellees.

No. S-14222.

Supreme Court of Alaska.

April 27, 2012.

*1180 Sherman C. "Red" Smith, pro se, Cooper Landing, Appellant.

Lance B. Nelson, Senior Assistant Attorney General, Anchorage, and John J. Burns, Attorney General, Juneau, for Appellees.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

Sherman "Red" Smith built and operated a sawmill on 14 acres of land under a special-use permit from the U.S. Forest Service. He alleges that the State of Alaska acquired title to the land and conveyed it to a third party without acknowledging Smith's claim or compensating him for his improvements. The last disputed conveyance of the land took place in 1983. The superior court dismissed Smith's claim, finding it to be time-barred under any applicable statute of limitations. The superior court also ruled in favor of the State on two alternative grounds: first, concluding that sovereign immunity bars fraud actions against the State and second, determining that res judicata bars the relitigation of a claim the superior court previously dismissed in 2007. Smith appeals, arguing that statutes of limitations cannot bar claims brought for the vindication of constitutional rights. Because statutes of limitations do apply to constitutional claims, and because Smith has not alleged harm amounting to a continuing violation, we affirm the superior court's dismissal of Smith's claim as time-barred. We also affirm the superior court's alternative finding that the 2007 dismissal of Smith's previous claim bars his current action.

II. FACTS AND PROCEEDINGS

A. Facts

Sherman Smith received a permit from the U.S. Forest Service in 1959 to operate a sawmill on approximately 14 acres of land near Cooper Landing. The Forest Service later explained that it granted Smith the permit in order to facilitate the salvage of timber from a recent fire in the area. After receiving the permit, Smith installed a sawmill, improved access to the site, and cleared and graveled about five acres of the land. From 1962 to 1964 Smith leased the land to a sawmill operator who, as part of his lease payments to Smith, built a water well, wastewater system, shed, and house.

The Forest Service temporarily shut down Smith's operations in September 1964, alleging that Smith's compliance with the terms of his permit was "far from satisfactory." In February 1965 the Forest Service informed Smith in a letter that the scope of his sawmill permit would be revised. The letter stated that because the original purpose of the permit—to remove fire-killed timber—had largely been accomplished, the permit for Smith's activities would be changed from a "free use to a charge basis" effective January 1, 1966, and the covered land would be reduced to "the land actually needed for [Smith's] operation."

Smith replied to the Forest Service protesting its proposed changes to his permit *1181 and requesting title to the sawmill site. The Forest Service responded to Smith's concerns in a March 1965 letter. This second letter confirmed the permit area's reduction in size from approximately 14 acres to 4.66 acres, but it also noted that "[t]he size of the permit area may be increased at any time after your mill is in full operation and a need for this land can be clearly demonstrated." The Forest Service further stated that Smith had remedied many but not all of the issues surrounding his noncompliance with the permit, and it informed Smith that if he did not address the remaining issues, his mill would be shut down permanently by April 1, 1965.

In the March 1965 letter, the Forest Service also declined to recommend that Smith be granted title to the land. The Forest Service explained that its decision was based upon the State of Alaska's need to "select land for the expansion of communities." Specifically, the letter noted that the State was expected to apply for a "selection area" at Cooper Landing that was to include Smith's sawmill site. The Forest Service stated, however, that after the State selected the area, Smith would have "an opportunity to purchase the site of [his] sawmill operations."

The State of Alaska, Department of Natural Resources (DNR) did apply to select a 3,000-acre parcel of land at Cooper Landing—including Smith's permit area—from the federal government on December 29, 1967. In the application to the U.S. Bureau of Land Management, the DNR's acting director stated: "[T]o the best of my knowledge and belief, the land is unoccupied, unimproved, and unappropriated by any person claiming the land other than the applicant."

Ten years later, in November 1977, Smith filed an application for a trade and manufacturing site for the 14 acres of land he used to operate his sawmill. The Bureau of Land Management rejected Smith's application in May 1978. The State's selection of approximately 3,000 acres of land at Cooper Landing was also tentatively approved in May 1978, but because the rejection of Smith's application for a trade and manufacturing site had not yet been approved by the Interior Board of Land Appeals, the grant to the State excluded the 14 disputed acres. The Interior Board of Land Appeals affirmed the rejection of Smith's application in August 1979. In November 1979 the Bureau of Land Management tentatively approved the disputed 14 acres for acquisition by the State. In the letter informing DNR of its decision, the Bureau of Land Management noted that the 14 acres in question were "not known to be occupied or appropriated under the public land laws."

After the State acquired the land, it transferred 5.65 acres—which Smith claims contained most of his improvements—to the Cooper Landing Community Club. The transfer took place on October 21, 1983. The deed to the community club provided that "[t]he lands contained herein shall remain in perpetuity with and for the benefit of the Cooper Landing Community."

B. Proceedings

Smith filed a claim similar to the current action in the superior court at Kenai in 2006. Among other claims, Smith asserted in 2006 that the State took the 14-acre sawmill site "without due process and just compensation" and "fraudulently patented" 5.65 acres to Cooper Landing without acknowledging Smith's claim to the land or compensating him for his improvements. Smith named the State as a defendant along with several state government offices and individual officials. He sought title to the land so that he could in turn transfer it "legally" to Cooper Landing. Smith also requested damages including the "appraised value of the [improvements] he made ... [to] operate his sawmill." The superior court dismissed Smith's claim because it did not "survive any applicable statutes of limitations."

Smith filed his present claim on August 17, 2010, naming the State, Governor Sean Parnell, and two DNR officials as defendants. He argued that in its 1967 application for selection of lands and its subsequent conveyance to Cooper Landing, the State fraudulently denied knowledge of Smith's improvements to the land. Smith maintained that, contrary to the takings clauses of the state and federal constitutions, he was never compensated for the improvements he made to *1182 the land. He requested declaratory judgment of his interest in the land and a jury trial to determine the monetary value of his improvements.

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Cite This Page — Counsel Stack

Bluebook (online)
274 P.3d 1179, 2012 WL 1506168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-alaska-2012.