AULT v. STATE

Nos. 7820, 7889.

688 P.2d 951 (1984)

Robert AULT and Lynda Ault, Appellants, v. STATE of Alaska, Appellee. STATE of Alaska, Cross-Appellant, v. Robert AULT and Lynda Ault, Cross-Appellees.

Supreme Court of Alaska.

Rehearing Granted and Opinion Amended October 29, 1984.


Attorney(s) appearing for the Case

William R. Satterberg, Jr., Fairbanks, for appellants and cross-appellees.

E. John Athens, Jr., Asst. Atty. Gen., Fairbanks, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee and cross-appellant.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ.


OPINION

MATTHEWS, Justice.

This case concerns the right-of-way of Ballaine Road in Fairbanks adjacent to property owned by Robert and Lynda Ault, appellants. The relevant facts are as follows.

In 1960 Bobby Masters made a homestead entry on what is now the Aults' land. Masters deeded a road easement 200 feet in width to the state on October 10, 1960. In 1961 Masters relinquished his entry and the land reverted...

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