Simon v. State

OPINION

I. INTRODUCTION

Herbert and Jacqueline Simon, d/b/a Little Nelchina Farms, sued the State of Alaska, Department of Transportation and Public Facilities and its contractor, Quality Asphalt Paving, Inc., for damages that the defendants allegedly caused while rebuilding a strip of the Glenn Highway that crosses the Simons’ property on an easement reserved for highway purposes. The superior court granted partial summary judgment to the state, entering final judgment against the Simons on three counts relating to the state’s use of lands within the highway easement. The Simons appeal that…