Legal Opinion · Concurrence

Hayes v. A.J. Associates, Inc.

Alaska Supreme Court

Decided May 22, 1998No. S-6736, S-7185/7215Published

1Concurrence

SHORTELL, J. pro tem,

concurring in the result.

RABINOWITZ, Justice, joining in Part A of Justice Shortell’s concurring opinion.

Because I disagree with the conclusion that AS 38.05.130 does not cover Hayes’s acts establishing the boundaries of his claims, I write separately on that issue. However, I agree with Justice Eastaugh’s alternátive conclusion that summary ejectment or invalidation of Hayes’s claims'would be an inappropriate remedy in this case. Thus, although I disagree with one aspect of Justice Eastaugh’s opinion, I agree that the judgment granting ejectment should be reversed.1

A.…

2Cases cited8 opinions

  1. Getty Oil Company v. JonesTexas Supreme Court · 1971
  2. Ford M. Converse v. Stewart L. Udall, Secretary of the InteriorCourt of Appeals for the Ninth Circuit · 1969
  3. Norken Corp. v. McGahanAlaska Supreme Court · 1991
  4. Hunt Oil Co. v. KerbaughNorth Dakota Supreme Court · 1979
  5. Spurlock v. Santa Fe Pacific RailroadCourt of Appeals of Arizona · 1984

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