DEPARTMENT OF TRANSP. & PUB. FACILITIES v. 0.644 ACRES

No. 4861.

613 P.2d 829 (1980)

STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Petitioners, v. 0.644 ACRES, MORE OR LESS, Robert E. Cooper, Virginia G. Cooper, Respondents.

Supreme Court of Alaska.

June 27, 1980.


Attorney(s) appearing for the Case

Martha T. Mills, Asst. Atty. Gen., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for petitioners.

John R. Strachan, and Leroy J. Barker, Anchorage, for respondents.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE, and MATTHEWS, JJ.


OPINION

RABINOWITZ, Chief Justice.

The State of Alaska brings this petition for review from a judgment of dismissal in which the superior court vacated the state's declaration of taking and divested the state of the title it had acquired in the subject condemnation action as it pertained to respondents.1 Review has been granted because of the significance of the legal issues involved.2

The...

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