Public Safety

A Superior Court judge is allowing the City and Borough of Juneau to refile eviction cases against the tenants who are refusing to vacate the historic Telephone Hill neighborhood in downtown Juneau. 

The city wants to demolish the homes on the hill this winter to make way for denser housing, but some tenants are refusing to leave and filed a lawsuit to prevent demolition and preserve the homes. 

Last month, a District Court judge dismissed the city’s eviction cases a few days before the city planned to evict the tenants, pending the outcome of that lawsuit. 

Then last week, before Thanksgiving, a Superior Court judge ruled that the evictions and demolition were two separate issues and should be handled as such. That ruling opened the door for the city to refile eviction cases against the tenants who remain on the hill. 

The lawsuit is scheduled for a pre-trial conference on Dec. 12. 

Fred Triem, the attorney representing the tenants, said the latest ruling doesn’t say anything about where the case might be heading. 

“It’s not an indication of what the final ruling will be. So I’m not either encouraged or discouraged by what took place the other day,” he said. “It’s just kind of a neutral scheduling event.”

Juneau’s City Attorney Emily Wright said she agrees with the judge — the demolition and evictions should be handled separately. 

“These last tenants need to move out, and we’re taking possession of the houses that we own as a city — we’re the landlords,” she said. 

The city refiled the three eviction cases last Wednesday and requested that they be heard within 15 days of filing. But the tenants’ lawsuit could take much longer to resolve. Wright previously said the city plans to take swift action if the evictions are approved, like changing the locks and removing remaining belongings from the homes as soon as possible.

Wright said the city plans to file new cases against two other residents who were given an extension to move out but haven’t done so. 

The Regulatory Commission of Alaska has unanimously approved a series of requests for financial secrecy filed by attorneys representing John Malone, the telecom billionaire seeking to take a controlling interest in Alaska’s largest internet firm.

The approval means Malone will not be required to publish his personal finances and that the financial condition of three GCI-related subsidiaries will also remain secret. The finances of GCI Liberty, the parent company, are already public due to required filings with the U.S. Securities and Exchange Commission.

In October, Malone, 84, told the Wall Street Journal that he would be stepping away from day-to-day operations of his various companies but would retain his controlling interests. Bloomberg has estimated his net worth to be approximately $10.6 billion.

The approval was published just before 4 p.m. on Black Friday. The five governor-appointed commissioners said they were granting the requests because they were in line with the commission’s prior practices, because they don’t have the power to regulate much of GCI Liberty’s business, and because “the public interest in disclosure of the financial information of (the three subsidiaries) is outweighed by the potential competitive financial disadvantages demonstrated in the petition.”

The chair of GCI’s parent company, GCI Liberty, Malone holds shares controlling 53.5% of GCI Liberty’s voting power. But Malone’s personal power has been restricted until recently to 49.32% of the company’s voting power, regulatory filings state.

Now, Malone is seeking to increase his voting power above 50%.

The commission’s Friday order does not decide that request; it addressed the combined requests for financial secrecy on behalf of Malone and the three GCI Liberty subsidiaries.

Alaskans submitted a combined 67 comments across three dockets related to Malone’s proposal. Almost all were opposed to the request for secrecy.

In a response to those comments, Malone’s attorneys said “no legitimate public interest will be served by requiring (Malone) to file his personal financial information.”

The response also said that “the acquisition … will be seamless and transparent to customers because the GCI companies will continue to provide the same services to Alaska customers under their same experienced management. There will be no operational or management changes to the GCI companies as a result of the acquisition.”

GCI’s attorneys had argued that the financial statements of the three subsidiaries should stay confidential because GCI’s competitors were not required to reveal their finances, and it would be unfair for them to open their books.

“We find that disclosure … might create a competitive or financial disadvantage,” the regulators concluded.

In addition, unlike the way that water and power utilities’ rates are regulated by the RCA, GCI’s prices are not regulated by state law.

For that reason, plus the fact that GCI Liberty’s combined financial statements are publicly available, regulators concluded, “public interest in disclosure … is outweighed by the potential competitive financial disadvantages demonstrated in the petition.”

On the request for secrecy covering Malone himself, Malone’s attorneys argued that he isn’t legally obligated to provide financial support to GCI Liberty, and thus, “requiring the submission of his personal financial information would not advance a public interest objective.”

They also argued that in 2018, when wealthy telecom entrepreneur Jane Eudy obtained full control of several Interior Alaska telecom companies by taking 100% control of American Broadband, a national firm, the RCA did not require her to publicize her finances.

Members of the public argued that disclosure is in the best interests of Alaskans.

Megan Johnson, one of dozens of people who offered public comments, said, “Telecommunications in Alaska are not just about convenience, they are lifelines for education, healthcare, emergency services, and economic development, especially in rural and Indigenous communities. Decisions made by owners unfamiliar with our terrain, seasonal challenges, and cultural values risk undermining the progress we’ve made in closing the digital divide.”

Kirsa Hughes-Skandijs of Juneau wrote, “I am gravely concerned about the idea of concealing financial information, particularly when it comes to consolidating control of a public good like an ISP, broadcast and telecommunications company.”

Commissioners ultimately sided with Malone.

“We find the circumstances presented in these dockets similar to those we considered (in 2018),” they wrote.

“We find that under the circumstances … no legitimate public interest will be served by requiring Dr. Malone to provide a statement of financial condition.”

Commissioners are scheduled to make a final determination on Malone’s takeover by April 1.

Officials with the Alaska Division of Homeland Security and Emergency Management announced a reduction of some state emergency response operations on Friday, and a transition from a response to a recovery phase following the Western Alaska storms as winter sets in.

Emergency personnel with the Alaska Organized Militia, the Alaska Division of Forestry and Fire Prevention and veteran-led volunteer organization Team Rubicon are ending their missions and departing the region this week. Their work for the season should be complete by Nov. 26, according to a division update.

“Some aspects of the recovery operation might look different, but the support for impacted individuals and communities will continue,” said Bryan Fisher, director of the Division of Homeland Security and Emergency Management in a prepared statement.

He thanked the disaster crews for their service. “The work to get emergency repair personnel, supplies, and equipment to communities and repair homes has been nothing short of amazing,” he said.

The reduction in personnel was expected as winter weather and freezing temperatures set in, said Jeremy Zidek, spokesperson for the State Emergency Operations Center, which is coordinating state, federal, tribal and local partners in the storm disaster response effort.

“We knew when this disaster happened, back on October 8, that we didn’t have a lot of time before winter was going to set in,” Zidek said on Monday. “Here in Alaska, we have two seasons: we have winter and we have construction season. And the ability to work during the winter in these far flung areas that are experiencing below freezing temperatures is very challenging.”

“So we knew this time would come where we would have to kind of cease some of this emergency response work,” he added. “And really focus on supporting the people that couldn’t return home, and making a plan, longer term, to make repairs when conditions are more favorable.”

The Alaska Department of Transportation and Public Facilities will continue to work on critical infrastructure projects, Zidek said, as well as coordinate with local residents in impacted communities and regional partners like the Association of Village Council Presidents, the tribal coalition leading storm response efforts on the west coast, to continue work in villages as weather allows.

“A lot of work is still going to continue, particularly on infrastructure,” he said. “And there are going to be local crews that can take better advantage of weather windows, both within communities and out of Bethel. But for the most part, we’re going to focus on repairing critical infrastructure and providing services to people that have been displaced.”

The devastating October storms in Western Alaska prompted the largest emergency disaster response in state history. The remnants of Typhoon Halong killed one person, impacted more than 50 communities, destroyed over 200 homes, damaged thousands of structures, and displaced an estimated 1,600 residents across the state, according to local reporting from KYUK.

Zidek emphasized that communities were impacted at different degrees, and the coordinated response from a wide variety of federal, state, tribal and community organization partners will continue to support communities as needed.

Since the Trump administration approved a federal disaster declaration on Oct 22, the Federal Emergency Management Agency has distributed $17.9 million in assistance, under its individual and household assistance programs, as of Sunday, an agency spokesperson, Alberto Pilot said by email on Monday.

Pilot said the federal agency has dispersed over $172,000 in housing assistance funds and $17.7 million in “other needs” assistance, which can include disaster unemployment assistance, legal services and crisis counseling. FEMA has also dispersed over $1 million to the state for “expedited public assistance,” he said.

The Dunleavy administration has requested a 100 percent cost share covered by FEMA for the storm disaster, but that request is “currently under review,” a FEMA spokesperson confirmed on Monday.

Zidek noted that the state has paused its distribution of disaster assistance to allow FEMA disaster funds to be dispersed first. He said while the programs provide different kinds of support — for example, the state will cover funding repairs to subsistence fishing camps — the relief funding cannot be duplicated on the same projects, like for home repair work. If that occurs, the state will seek repayment from residents or disqualify them from future benefits, according to a division update.

Storm survivors are still encouraged to apply for state disaster assistance and FEMA disaster assistance to cover different costs as the recovery effort continues. Additional assistance is offered by the American Red Cross.

There are currently 600 storm evacuees staying in non-congregate shelters, like hotels, and the process of transitioning to longer term housing is ongoing, Zidek said.

“Our goal is to get as many people as possible into some type of temporary housing by Christmas,” he said. “It’s kind of a lofty goal. We might not be able to get everyone in there, but we want to move a large number of people in non-congregate shelters to something that will be more longer term and more comfortable.”

The Alaska National Guard will largely depart the region and return home by Tuesday, a spokesperson said, except for one UH-60L Black Hawk helicopter air crew stationed in Bethel, which will remain ready to respond at the request of state emergency officials.

As of Monday, the Alaska National Guard reported its service members have assisted 18 communities in the storm disaster relief effort in what officials say is the largest off-the-road-system mobilization in Alaska history.

National Guard service members evacuated 1,160 residents from the region and assisted with resupply efforts, delivering 350,000 pounds of cargo and supplies to coastal villages and logging 364 flight hours. They transported emergency personnel throughout the region, and service members also cleared miles of boardwalks, removed tons of debris, assessed almost 500 homes and secured or moved 94 caskets displaced by the storm.

Alaska State Commission for Human Rights chair Dorene Lorenz sued blogger Jeff Landfield of the Alaska Landmine on Friday. Lorenz accuses Landfield of defaming her by implying she stole state funding intended to preserve a historic building in Seward.

Landfield, whose irreverent blog often breaks significant political news, recently poked fun at a land acknowledgement Lorenz read at a United Nations gathering in Switzerland. In a social media post, he called the statement “super loose and bizarre” and labeled Lorenz an “absolute nut.”

“Nobody really wonders what I think, because I usually tell them,” Landfield said in an interview.

For her part, Lorenz said she gets it — as a public official, criticism comes with the territory.

“You can call people names, that’s fine. You can suggest that they did horrible things, that’s fine,” she said.

But the post went further. Landfield pointed to an episode in her past: “Remember when she got in trouble for using … state money for the Jesse Lee Home for herself?”

Landfield was referring to a 2015 move by Gov. Bill Walker’s administration to cancel a grant to a group Lorenz chaired seeking to restore the now-demolished Jesse Lee Home in Seward.

The state found the Friends of the Jesse Lee Home spent grant money on a wide variety of “disallowed and questionable” items — everything from stereo equipment, unapproved travel and an office remodel to a tub of bikini wax. A state official said that despite about $7 million in public funding spent on restoring the home, it was “painfully apparent that this project will not be successful.”

But Lorenz insists that she did not use the money for herself — and she said Landfield’s post crossed a line.

“You cannot say that a public figure stole public money when you know for a fact that they didn’t,” she said.

Proving defamation can be an uphill battle. For so-called “public figures,” including many government officials, a plaintiff has to meet a high standard — they have to show that the speaker either knew what they were saying was false, or willingly looked away from evidence that it was.

Lorenz said she thought she had a good shot at meeting that high bar.

In subsequent posts and livestreams, Landfield pointed to a 2018 Alaska Public Media article detailing the grant cancellation. But notably, in that article, a deputy commissioner with the department said he did not believe Lorenz or anyone else involved had pocketed the money.

“Obviously he’s aware that that is the statement and the conclusion of the state of Alaska,” Lorenz said.

Lorenz also named Alaska Landmine co-owners Paxson Woebler and Scott Jensen in the suit. Lorenz is representing herself and is requesting unspecified damages, a retraction and a correction.

“It’s a very open-shut case,” she said. “It’s not something that’s heavily nuanced.”

In an interview, Landfield stood by the statement. He called Lorenz’s use of state funds a “scam” and a “grift” that wasted millions of dollars.

He said he had yet to be served, but it was the first time anyone had followed through on a threat to sue him — and he said he was looking forward to fighting it in court.

“I’m going to be spending my immediate future … getting every single document, every single grant reimbursement request, and I’m going to show just what this woman did,” he said. “She really messed with the wrong one.”

A District Court judge has dismissed the eviction cases against three tenants refusing to vacate their rentals in the historic Telephone Hill neighborhood in downtown Juneau. 

Instead, a Superior Court judge presiding over a lawsuit filed by tenants against the city late last month will decide the outcome. The lawsuit seeks to stop the city’s demolition of the historic neighborhood and stop the evictions. The city plans to demolish the houses on the hill later this winter to make way for newer, denser housing to combat the city’s housing crunch. 

The court hasn’t yet scheduled any hearings for that lawsuit. 

City Attorney Emily Wright said it’s unclear if or how the dismissals may impact the city’s plan to move forward with demolition of the homes this winter. She said the city is disappointed in the District Court judge’s ruling and plans to ask that the lawsuit in Superior Court be expedited. 

“We’ll work with the tenants and their attorney in the other superior court case to look at the best options for them and for the city. But once you’ve moved into court, it can be a very long process to get a resolution,” she said. 

The tenants’ lawsuit, which has three plaintiffs, claims that the city improperly evicted people on the hill, illegally phased the redevelopment and that the project fails to comply with federal and state historic preservation acts. The city denies these claims.

Joe Karson called the eviction dismissals a win. Karson, a plaintiff in the lawsuit and one of the tenants who hasn’t vacated,  said he plans to continue to live in his apartment on the hill as long as possible. 

“I want to stay in my home, of course,” Karson said. “Just because you rent doesn’t mean that it’s not your home, and that’s my home.”

Fred Triem, the tenants’ attorney, said the tenants continuing to live in the old homes as the weather gets colder helps preserve them.

“Our ultimate goal is to preserve the old buildings, especially the telephone switchboard and that building constructed in 1882,” he said. “That’s the short of it — historic preservation.”

Under the Alaska Uniform Residential Landlord & Tenant Act, the city cannot take retaliatory action against the tenants, like turning off the utilities, while they wait for the outcome of the lawsuit. 

A district court judge has delayed the pending eviction hearings of three tenants who have refused to vacate their residences in Juneau’s downtown Telephone Hill neighborhood until at least Friday morning.

That’s so the judge can review a motion filed late Tuesday by the tenants’ attorney. 

The motion asks the court to delay the evictions pending the outcome of a lawsuit filed by tenants against the city. The lawsuit seeks to stop the city’s demolition of the historic neighborhood and reverse the evictions. 

The city had given the tenants living in the homes until Nov.1 to move out. The city plans to demolish the houses on the hill later this winter to make way for newer, denser housing to combat the city’s housing crunch. However, some tenants are refusing to leave and the city earlier this month filed legal action to evict them. 

At the courthouse on Wednesday morning, John Ingalls, one of the tenants who hasn’t vacated and is a plaintiff in the lawsuit, said he’s going to fight tooth and nail to stop the evictions.

“They’re just gonna make people pissed off at them. They’re gonna make people angry because I don’t think they have what’s right on their side, and I think people are going to stand up for what’s right,” he said. “I’m not worried about it. If they want to take my stuff. Fine, take it. Go ahead. If you want to be really ugly, let’s get ugly.”

An attorney from the city’s law department argued that the late filing of the motion was an intentional delay tactic and requested that the judge proceed with the hearing. The judge instead pushed Wednesday’s hearings back till Friday morning at 8:15 a.m. 

City Attorney Emily Wright said if the evictions are approved on Friday morning, the city plans to take swift action. She said the city gave the tenants more than enough notice and time to move out of the homes before taking legal action to force them out.

“If the city were given immediate possession of the homes on Friday, we would change the locks,” she said. “We would take possession of the homes, and we would work with the tenants to get their belongings out of the homes as soon as possible.”

In response to the tenants’ lawsuit, the city denies the claims that it improperly evicted people on the hill, illegally phased the redevelopment and that the project fails to comply with federal and state historic preservation acts.