McDowell v. State

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Sam and Joyee McDowell sued the state for trespass alleging that the state permitted petroleum contamination to migrate from its Sterling Highway right-of-way onto the McDowell's property. The superior court granted the state's motion to dismiss the trespass claim because the court had previously dismissed a trespass claim regarding the same event in a pending case between the McDowells and the state. We affirm.

II. FACTS AND PROCEEDINGS

Sam and A. Joyee McDowell own residential and investment property in Sterling. Their property is adjacent to the…