# City and Borough of Juneau v. Breck

> Alaska Supreme Court · November 5, 1985 · 706 P.2d 313

URL: https://www.frixlaw.com/law-library/cases/9851845

## Case

- **Full name:** The CITY AND BOROUGH OF JUNEAU, and Kiewit Construction Company, Petitioners, v. Betty BRECK, A/K/A “Belle Blue,” Respondent
- **Court:** Alaska Supreme Court
- **Decided:** November 5, 1985
- **Citations:** 706 P.2d 313
- **Precedential status:** Published
- **Opinion:** Dissent by Burke
- **Judges:** Rabinowitz, Burke, Matthews, Compton, Moore
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9851845

## How later opinions describe it (automated extraction)

- holding "that the equitable defense of laches is a bar to [plaintiff's] claims of injunctive relief"
- holding that halting construction on partially complete parking garage would be undue prejudice

## Opinion text

BURKE, Justice,
with whom MATTHEWS, Justice, joins, dissenting.
I dissent from the holding that Breck’s action is barred by laches.
The trial court found that Breck gave ample notice of her opposition to the project and the reasons for it, and did not, under the circumstances, unreasonably delay in bringing suit. The court found also that the alleged injury to petitioners was not caused by Breck’s delay, but rather by their own haste in proceeding with the project despite the serious questions raised concerning the legality of the bidding procedures. In reaching its decision, the trial court gave careful consideration to the evidence before it, and I am unable to say that the court’s findings were clearly erroneous. In light of these findings, I do not see how we can now say; “Breck was guilty of inexcusable delay in bringing this litigation ... and ... her inexcusable delay resulted in undue prejudice to petitioners.” We are not entitled to substitute our judgment for that of the trial court.
I would affirm the judgment. Moore v. State, 553 P.2d 8 (Alaska 1976).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9851845. Public record. Not legal advice.