STATE v. HAMMER

Nos. 2500, 2660.

550 P.2d 820 (1976)

STATE of Alaska, Appellant, v. John HAMMER et al., Appellees. KITO'S KAVE, INC., Cross-Appellant, v. STATE of Alaska, Cross-Appellee.

Supreme Court of Alaska.

May 24, 1976.


Attorney(s) appearing for the Case

Thomas R. Wickwire, Asst. Atty. Gen., Avrum M. Gross, Atty. Gen., Juneau, for appellant and cross-appellee.

L.B. Jacobson of Robertson, Monagle, Eastaugh & Bradley, Anchorage, for appellee and cross-appellants, Kito's Kave.

Michael M. Holmes of Faulkner, Banfield, Doogan & Holmes, Juneau, for appellee, John Hammer.

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


BURKE, Justice.

This appeal raises a question of first impression concerning the state's obligation to compensate the owner of a business for damage done to that business by the state's exercise of its powers of eminent domain.

In May, 1973, the State of Alaska filed a complaint under AS 09.55.240, et seq., against certain lands in Petersburg, Alaska, which were in the path of the Petersburg Highway. One of these parcels was owned by appellee Hammer...

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