Hawkins v. Attatayuk

Summary

The Alaska Supreme Court held that the superior court lacked subject matter jurisdiction to adjudicate ownership or possession of restricted Alaska Native townsite property. Because the superior court adjudicated title to the property through summary judgment, the court reversed and remanded with directions to dismiss the case. The court also vacated the attorney-fee award and recognized Hawkins as the prevailing party.

Holdings

1. Alaska state courts lack subject matter jurisdiction to adjudicate title, ownership, or the right to possession of restricted Alaska Native townsite property or any interest in that property.
2. The superior court adjudicated title because its partial-summary-judgment order expressly determined that Attatayuk had title to the property and that Hawkins had no right to place property on the land.
3. A state court without jurisdiction to adjudicate restricted title also lacks jurisdiction to decide the viability of a claim challenging that title or defenses to the restricted deed, including a statute-of-limitations defense.

Questions Presented

1. Whether the superior court adjudicated ownership or the right to possession of restricted Alaska Native townsite property.
2. Whether the superior court therefore lacked subject matter jurisdiction under 28 U.S.C. § 1360(b).
3. Whether the court could treat Hawkins's challenge to Attatayuk's restricted deed as a sham or adjudicate the viability of defenses to the deed in order to establish jurisdiction.

Disposition

reversed_and_remanded