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ANDERSON v. STATE, DEPT. OF HIGHWAYS

Nos. 3439, 3481.

584 P.2d 537 (1978)

Oris O. ANDERSON and Aiko K. Anderson, husband and wife, Appellants, v. STATE of Alaska, DEPARTMENT OF HIGHWAYS, Appellee. STATE of Alaska, DEPARTMENT OF HIGHWAYS, Cross-Appellant, v. Oris O. ANDERSON and Aiko K. Anderson, husband and wife, Cross-Appellees.

Supreme Court of Alaska.

September 15, 1978.

Attorney(s) appearing for the Case

Ernest Z. Rehbock and Robert A. Rehbock, Anchorage, for appellants and cross-appellees.

Abigail G. Dodge, Asst. Atty. Gen., Anchorage and Avrum M. Gross, Atty. Gen., Juneau, for appellees and cross-appellants.

Before BOOCHEVER, Chief Justice, RABINOWITZ, CONNOR, BURKE and MATTHEWS, Justices.

OPINION

RABINOWITZ, Justice.

This appeal arises out of the superior court's grant of summary judgment for the state in the Andersons' action to set aside a prior judgment of the superior court which declared the width of the state's existing right-of-way as 50 feet from the center line of Muldoon Road.1 The state cross-appeals from the superior court's denial of attorney's fees.

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