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NORKEN CORP. v. McGAHAN

Nos. S-3052, S-3053.

823 P.2d 622 (1991)

NORKEN CORPORATION, an Alaska Corporation, Appellant/Cross-Appellee, v. Mazie M. McGAHAN d/b/a McGahan Enterprises and Merrill McGahan d/b/a Merrill Enterprises, Appellees/Cross-Appellants.

Supreme Court of Alaska.

November 15, 1991.

Attorney(s) appearing for the Case

David P. Gorman, Wade & DeYoung, Anchorage, for appellant/cross-appellee.

Peter F. Mysing, Kenai, for appellees/cross-appellants.

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

OPINION

BURKE, Justice.

This dispute is between Norken Corporation, the current owner of three parcels of land in North Kenai Borough, and Mazie M. McGahan, the original grantor of those parcels. Although both parties agree that McGahan owns the gravel deposits on the parcels by virtue of deed reservations, they vigorously dispute the scope of that ownership. After protracted legal wrangling and a lengthy bench trial, the superior court held that the intent...

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