CITY OF ANCHORAGE v. SCAVENIUS

Nos. 2214, 2222.

539 P.2d 1169 (1975)

CITY OF ANCHORAGE, a municipal corporation, Cross-Appellant, v. Irma R. SCAVENIUS, Cross-Appellee. CITY OF ANCHORAGE, a municipal corporation, Appellant, v. PARK LANES, INC., et al., Appellees.

Supreme Court of Alaska.

August 21, 1975.


Attorney(s) appearing for the Case

David G. Shaftel, Asst. City Atty., John R. Spencer, City Atty., Anchorage, for cross-appellant and appellant.

Helen L. Simpson, Anchorage, for cross-appellee.

Michael M. Holmes, Juneau, and Leroy J. Barker, Anchorage, for amici curiae.

No appearance for appellee Park Lanes, Inc.

Before RABINOWITZ, C.J., CONNOR and BOOCHEVER, JJ., and DIMOND, Justice Pro Tem.


BOOCHEVER, Justice.

This appeal presents issues as to the award of costs and attorney's fees to the condemning authority in eminent domain cases.1 In the Scavenius case, the City brought an action to condemn easements for the construction, use and maintenance of a sanitary sewer line. A master's hearing resulted in an award of $516.00 from which the property owner appealed pursuant to Alaska R.Civ.P. 72(h)(5). Subsequently,

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