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BEAR FRITZ LAND v. KACHEMAK BAY TITLE

No. S-6992.

920 P.2d 759 (1996)

BEAR FRITZ LAND COMPANY, an Alaska Limited Partnership, Appellant, v. KACHEMAK BAY TITLE AGENCY, INC., and Ticor Title Co., Appellees.

Supreme Court of Alaska.

July 5, 1996.

Attorney(s) appearing for the Case

Kermit E. Barker, Anchorage, for Appellant.

C. Michael Hough, Law Offices of C. Michael Hough, Homer, for Appellee Kachemak Bay Title Agency, Inc.

Jennifer M. Coughlin, Preston Gates & Ellis, Anchorage, for Appellee Ticor Title Co.

Before COMPTON, C.J., and RABINOWITZ, MATTHEWS, EASTAUGH and FABE, JJ.

OPINION

COMPTON, Chief Justice.

I. FACTS AND PROCEEDINGS

In 1984 Robert Cooper and Virginia Cooper owned a parcel of property in Homer known as Fritz Subdivision, Unit 2. While the Coopers were making improvements on the parcel, a representative of the Army Corps of Engineers (Corps) inspected the site and ordered the Coopers to stop construction. The Corps believed the parcel included wetlands which the Coopers needed a permit to fill....

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