City of Angoon v. Donald P. Hodel, Secretary of the Interior, and Shee Atika, Inc.

Good Law
836 F.2d 1245·1988 WL 1381·1988 U.S. App. LEXIS 342
United States Court of Appeals for the Ninth CircuitJanuary 15, 198887-3600California2,075 words

Opinion

Opinion

Wright, J.

We must decide two questions of Alaska law: did the district court err in concluding that Alaska would not recognize an abuse of process cause of action for filing a notice of lis pendens; and did the court err in concluding that Alaska would not recognize a cause of action of “prima facie tort?” The court did not err. We affirm.

BACKGROUND

In 1981, the Secretary of the Interior conveyed to Shee Atika land on Admiralty Island in southeast Alaska.

The Sierra Club sued the Secretary in the District of Columbia to overturn the conveyance and stop logging on Admiralty Island. (Sierra Club v. Watt, No. 82-0700). The suit was transferred to Alaska district court and consolidated with other actions. Shee Atika was not made a party.

The Sierra Club filed a notice of lis pen-dens on Shee Atika’s land in the Juneau Recording Office. Shee Atika brought several actions in Alaska state court to have the lis pendens removed. Eventually, the Sierra Club stipulated to removal of the notice.

Shee Atika filed a counterclaim for abuse of process and “prima facie tort” on the basis of the lis pendens. Sierra Club and Angoon moved to dismiss, asserting that Shee Atika failed to state a claim upon…

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