Legal Opinion

Tope v. Christianson

Alaska Supreme Court

Decided June 5, 1998No. S-7865, S-7925PublishedCited by 8 opinions

1Opinion of the Court

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The superior court dismissed a claim by the present owners of real property to recover environmental remediation costs from the prior owners who allegedly contaminated the soil. Because this remediation claim was not preserved in the landowners’ prior bankruptcy proceeding in which the predecessor owners were creditors, we hold that the doctrine of res judicata bars the landowners’ claims and affirm the judgment below.

II. FACTS AND PROCEEDINGS

Judith and Robert Tope purchased two lots of land from James W. Christianson in May 1984. The Topes signed a…

2Cases cited21 opinions

  1. Stoll v. GottliebSupreme Court of the United States · 1938
  2. Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
  3. Adamson v. University of AlaskaAlaska Supreme Court · 1991
  4. Terrebonne Fuel & Lube, Inc. v. Placid Refining Co.Supreme Court of Louisiana · 1996
  5. 37 Collier bankr.cas.2d 1380, Bankr. L. Rep. P 77,400 D & K Properties Crystal Lake, an Illinois Partnership v. Mutual Life Insurance Company of New York, a New York CorporationCourt of Appeals for the Seventh Circuit · 1997

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3Cited by8 opinions

  1. DeNardo v. Calista Corp.Alaska Supreme Court · 2005
  2. Robertson v. American Mechanical, Inc.Alaska Supreme Court · 2002
  3. Patterson v. Infinity Insurance Co.Alaska Supreme Court · 2013
  4. White v. State, Department of Natural ResourcesAlaska Supreme Court · 2000
  5. Alderman v. Iditarod Properties, Inc.Alaska Supreme Court · 2004

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