Martens v. Metzgar

OPINION

RABINOWITZ, Chief Justice.

This appeal involves a dispute as to who should pay the costs of utility improvements which were constructed adjacent to 12 lots in the Geneva Woods subdivision in Anchorage.

In 1967, appellant Wallace Martens was the owner of a tract of land outside the city limits of Anchorage. Martens subdivided this land into the Geneva Woods and Central City subdivisions, the former intended to be residential and the latter primarily commercial/industrial.

Martens entered into an agreement with McQuaid’s Realty whereby that realty company, or more specifically realtors…