8,960 SQ. FEET v. DEPT. OF TRANSP.

No. S-3245.

806 P.2d 843 (1991)

8,960 SQUARE FEET, MORE OR LESS; Dimond D Properties, a Limited Partnership; Dimond D Developers, a Connecticut Limited Partnership, Appellants, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

February 22, 1991.


Attorney(s) appearing for the Case

Julia B. Bockmon, Leroy J. Barker, Robertson, Monagle & Eastaugh, Anchorage, for appellants.

Virginia A. Rusch, Asst. Atty. Gen., Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

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


OPINION

MATTHEWS, Chief Justice.

This case arises on appeal from the grant of a motion for summary judgment. The ruling below was based on the premise that in an eminent domain proceeding to determine just compensation, "loss of visibility is not compensable as a matter of law." We reverse and remand for further proceedings consistent with this opinion.

I.

Dimond D Properties and Dimond D Developers (Dimond D) own a tract of land in Anchorage...

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