Gamble v. Northstore Partnership

OPINION

MOORE, Chief Justice.

I. INTRODUCTION

Baxter and Yang-Cha Gamble sued North-store Partnership (Northstore) for reformation of a recorded grant of easement. The trial court entered summary judgment in favor of Northstore, concluding that the Gambles were not entitled to relief.

The Gambles appeal, arguing that North-store’s motion for summary judgment relied upon affirmative defenses which were not specifically pled as required by Alaska Civil Rule 8(c), and therefore, the defenses were waived. In the alternative, the Gambles contend that the trial court should have granted them additional…