Dillingham Commercial Co. v. City of Dillingham

OPINION

MATTHEWS, Justice.

This is an appeal from an order of the superior court for the Third Judicial District establishing, in fee simple, two rights of way in favor of the City of Dillingham (the City) on property owned by Dillingham Commercial Company, Inc. (D.C. Co.).

I

The property (hereinafter Survey 2541) is located in downtown Dillingham. Dilling-ham Commercial Company, Inc. has operated a general store on Survey 2541 since the late 1920’s. The City makes two claims to Survey 2541: the first is that there is a right of way that cuts across the northeast corner of Survey 2541 (road…