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McGILL v. WAHL

No. S-4483.

839 P.2d 393 (1992)

Joseph McGILL and David McGill, Appellants, v. Gust K. WAHL and Linda C. Wahl, Appellees.

Supreme Court of Alaska.

September 18, 1992.

Attorney(s) appearing for the Case

Paul D. Kelly, Kelly & Patterson, Anchorage, for appellants.

Albert Maffei, Anchorage, for appellees.

Kenneth C. Powers, Asst. Atty. Gen., Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for amicus curiae, State of Alaska.

Robert L. Breckberg, Boyko & Flansburg, Anchorage, for amicus curiae, Robert Miller and Jo Ann Miller.

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

OPINION

COMPTON, Justice.

The McGills appeal the superior court's grant of an injunction against the blocking of a roadway across their property to the Wahls' property. The injunction thus recognized a prescriptive easement held by the Wahls. The McGills also appeal the superior court's denial of a jury trial, and its award of attorney's fees. We affirm the court's decision to deny the jury trial and grant the injunction...

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