Anderson v. State, Department of Highways

OPINION

Before BOOCHEVER, Chief Justice, RA-BINOWITZ, CONNOR, BURKE and MATTHEWS, Justices. RABINOWITZ, Justice.

This appeal arises out of the superior court’s grant of summary judgment for the state in the Andersons’ action to set aside a prior judgment of the superior court which declared the width of the state’s existing right-of-way as 50 feet from the center line of Muldoon Road. 1 The state cross-appeals from the superior court’s denial of attorney’s fees.

The relevant factual background is as follows. The Andersons own a parcel of land which was originally leased and subsequently conveyed…