DOYLE v. PEABODY

No. S-2474.

781 P.2d 957 (1989)

Don DOYLE, Appellant, v. Max PEABODY, Appellee.

Supreme Court of Alaska.

Rehearing Denied January 8, 1990.


Attorney(s) appearing for the Case

George A. Dickson, Anchorage, for appellant.

Max N. Peabody, Foulds, Felker, Pierson & Ryder, Seattle, Wash., for appellee.

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


OPINION

RABINOWITZ, Justice.

This case presents the question whether a landowner who supplies water to his neighbor is precluded from terminating the arrangement or doing so without paying damages. In resolving this question, we examine common-law doctrines concerning licenses, relevant provisions of Alaska's environmental conservation statutes, and the Alaska Water Use Act.

I. FACTS.

In 1959, Roland Kickbush started construction on a home...

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