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GACKSTETTER v. STATE

No. 4976.

618 P.2d 564 (1980)

Curwood GACKSTETTER and Betty Gackstetter, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

October 24, 1980.

Attorney(s) appearing for the Case

Teresa L. Foster, Cole & Downes, Fairbanks, for appellants.

William R. Satterberg, Jr., Asst. Atty. Gen., Fairbanks, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and ROWLAND, Superior Court Judge.

OPINION

RABINOWITZ, Chief Justice.

This appeal arises from an eminent domain proceeding. In 1976, the State of Alaska, in connection with the construction of the New Steese Expressway, condemned 3.464 acres of Curwood and Betty Gackstetter's property. Dirt and gravel, useful as fill for the cuts and depressions created by the highway construction, were removed by the state and deposited elsewhere along the project.1

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