Kenai Peninsula Borough v. English Bay Village Corp.

The court concludes that the trial court did not abuse its discretion in denying the Kenai Borough’s motion to set aside the default judgment. I would vacate the entry of default judgment under either of two alternative grounds and remand the case for trial.

The majority opinion’s factual recitation from the record is incomplete. So that the reader is able to fully understand and fairly evaluate my reasons for dissenting, I must set forth additional facts which, in my opinion, require a reversal of the trial court’s entry of a default judgment.

I

In the late 1970s, English Bay entered into a…