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WEIDNER v. DEPT. OF TRANSP. & PUB. FAC.

No. S-4813.

860 P.2d 1205 (1993)

Phillip Paul WEIDNER, In his Own Right and Behalf and On Behalf of All Persons Similarly Situated, Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

Rehearing Denied October 29, 1993.

Attorney(s) appearing for the Case

Phillip Paul Weidner, Weidner and Associates, Anchorage, for appellant.

Rhonda F. Butterfield, Asst. Atty. Gen., Anchorage and Charles E. Cole, Atty. Gen., Juneau, for appellee.

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

OPINION

MATTHEWS, Justice.

This case involves a public road built in 1952 and reconstructed in 1968. A portion of the road traverses privately-owned property. The State admittedly has a valid easement for the road as originally built. The private landowner claims, however, that in reconstructing the road in 1968 the State changed the course of the road and thereby took an additional easement over the altered path of the roadway. The State denies that...

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