Dias v. State, Department of Transportation & Public Facilities

OPINION

STOWERS, Justice.

I. INTRODUCTION

The Diases obtained land that was adjacent to a public road and subject to an easement and right of way held by the State. The State contacted them to begin using the easement and right of way for road construction. The Diases filed suit in the superior court to quiet title, asserting that the State had only a temporary easement for the removal of gravel and other materials and that the temporary easement had expired. The superior court granted the State's motion for summary judgment, finding that the instrument conveyed to the State the right to…