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SWIFT v. KNIFFEN

No. S-364.

706 P.2d 296 (1985)

William & Anna SWIFT and David & Ellen Dahl, Rockne & Sandra Wilson, and David & Carol Slater, Appellants, v. Darrell & Marjorie KNIFFEN, Fairhill, Inc., and Lot 14, Block 2 of a portion of the Southwest Quarter of Section 36, Township 1 North, Range 1 West, Fairhill Subdivision, Fourth Judicial District, State of Alaska, Appellees.

Supreme Court of Alaska.

Rehearing Denied October 9, 1985.

Attorney(s) appearing for the Case

Charles D. Silvey, Schaible, Staley, DeLisio & Cook, Fairbanks, for appellants.

Patrick T. Brown, Rice, Hoppner, Brown & Brunner, Fairbanks, for appellees.

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

BURKE, Justice.

OPINION

Appellants own property in a Fairbanks subdivision and filed suit against the subdivider (appellee) to obtain an easement to a disputed roadway in the subdivision. Four theories were presented at trial: common law dedication, private roadway easement (estoppel), easement by prescription and easement by necessity. After the superior court ruled against them on all four theories, appellants appealed on the first three theories and on...

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