Legal Opinion

Interior Trails Preservation Coalition v. Swope

Alaska Supreme Court

Decided June 24, 2005No. S-11323PublishedCited by 5 opinions

1Opinion of the Court

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

The Interior Trails Preservation Coalition brought an action against Greg and Donna Swope claiming a public prescriptive easement over the Swopes’ property for recreational use. The superior court dismissed the action, concluding as a matter of law that the Coalition was incapable of prevailing on its claim because it had not been in existence for ten years — the minimum time required to establish its continuing use of the alleged easement. We reverse, holding that because the Coalition claimed a public easement, it was not required to prove its own…

2Cases cited11 opinions

  1. Brimstone Mining, Inc. v. GlausMontana Supreme Court · 2003
  2. McGill v. WahlAlaska Supreme Court · 1992
  3. Alaskans for a Common Language, Inc. v. KritzAlaska Supreme Court · 2000
  4. Alaska National Bank v. LinckAlaska Supreme Court · 1977
  5. J. F. Gioia, Inc. v. Cardinal American Corp.Ohio Court of Appeals · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hansen v. DavisAlaska Supreme Court · 2009
  2. Dickson v. State, Dept. of Natural ResourcesAlaska Supreme Court · 2018
  3. Price v. EasthamAlaska Supreme Court · 2011
  4. Kelly A. Dickson, Trustee of the Kelly A. Dickson 2008 Trust, and Donna C. Defusco v. State of Alaska, Department of Natural Resources , and also all other persons or parties unknown claiming a right, title, estate, lien, or interest in the real estate described in this actionAlaska Supreme Court · 2021
  5. London & Stetelman Inc., L & D, LLC, and Andrew D. Stetelman v. Nelson Tackett and Judy Tackett, Both Individually and as Co-Trustees of the Nelson and Judy Tackett Joint Revocable Trust, and Subway Sandwich Shops of Hattiesburg, IncCourt of Appeals of Mississippi · 2020

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