Windel v. Mat-Su Title Insurance Agency, Inc.
Alaska Supreme Court
1Opinion of the Court
OPINION
WINFREE, Justice.
I. INTRODUCTION
The primary issue in this consolidated appeal is the validity and interpretation of a roadway easement granted to meet a borough's subdivision platwaiver requirements. The borough later approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the ser-vient estate first insisted that the developer maintain his roadway upgrade within the original 50-foot easement. After the work was completed the owners sued the developer for trespass, alleging implicitly that the original easement grant was invalid because it was…
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