Holdouts on Telephone Hill in Juneau can remain in homes while case proceeds in Superior Court

A District Court judge on Friday dismissed the City and Borough of Juneau’s eviction of three holdout Telephone Hill residents, ruling that the matter must be decided instead by the Superior Court, where the three tenants have already filed a broader lawsuit challenging the city’s redevelopment plans.

The decision effectively pauses the city’s current eviction effort and allows the holdout residents to remain in their homes while the Superior Court weighs their claims over preservation, demolition, and due process.

District Court Judge Kirsten Swanson convened Friday’s hearing at 8:15 a.m., and by 8:17 a.m. had delivered her ruling and closed the record. Because the tenants’ preservation lawsuit is pending in Superior Court, she said, the District Court eviction cases cannot proceed.

The dismissal came two days after residents asked that the evictions be delayed until the Superior Court rules. On Tuesday, the remaining residents had filed a motion requesting the pause; on Wednesday, Swanson postponed her decision to review the filing.

With the District Court case dismissed, the city is now turning its attention to the Superior Court, where it plans to file an expedited motion in an effort to keep its redevelopment timeline intact. Such a motion could bring a hearing within two weeks, though a final decision may take months.

Under Alaska’s Uniform Residential Landlord and Tenant Act, the dismissal also prevents Juneau from taking any retaliatory action against the remaining tenants, including shutting off water or heat.

The city first issued eviction notices last spring, directing residents to vacate by Oct. 1. That deadline was extended to Nov. 1 after city officials acknowledged not all tenants had been properly notified. Most residents moved out by the new deadline, but three, the three who are now plaintiffs in the Superior Court lawsuit, refused to leave.

The plaintiffs in the case include: Joseph Karson, John Ingalls, Terra Stark, Robert Sylvester, Tony Tangs, and Larry Talley.

The Superior Court case, filed Oct. 31, seeks historic-preservation status for the Telephone Hill buildings, an injunction against demolition, and a halt to further eviction efforts. The houses, some dating to the early 1880s, are among the oldest structures in Juneau.

Residents argue that the city’s redevelopment plan violates preservation rules, improperly phases the project, and relies on flawed eviction procedures. The city denies the allegations and has called the lawsuit “without factual or legal support.”

A hearing date in the Superior Court has not yet been scheduled but a pre-trial conference is set for Dec. 12.

Allowing the tenants to stay will help maintain the aging houses by deterring vandalism, keeping utilities running, and preventing freeze-related damage while the legal dispute plays out.

Telephone Hill, a four-acre cluster of seven structures with 13 residential units in downtown Juneau, was deeded to the city by the state in 2023, after state plans to build a new capitol building came to naught. City officials plan to demolish the buildings and replace them with higher-density housing—potentially 100 to 150 units—to help alleviate Juneau’s housing shortage.

The redevelopment plan has faced sustained public opposition. Over the past year, residents and preservation advocates have testified at Assembly meetings, organized protests, and submitted a petition with hundreds of signatures urging the city to pause demolition until costs, design details, and a developer are secured.

New Assembly member Nano Brooks campaigned against the project and has raised concerns about whether the hillside can realistically support the dense construction the city envisions.

Among the defendants in the dismissed case is octogenarian Joe Karson, who continues to stay in his Telephone Hill home. Most of his belongings have remained there, though he has kept some items at a temporary location in case he must move quickly.

For now, three residents may remain in their homes as litigation shifts fully to the Superior Court room of Judge Amanda Browning. The city is expected to push for swift action, with demolition targeted for late winter or early spring.

But for the moment, at least for the brief two minutes it took the District Court judge to close the file, the holdouts on Telephone Hill have won another reprieve.