MT. JUNEAU ENTERPRISES v. CITY OF JUNEAU

No. S-6611.

923 P.2d 768 (1996)

MOUNT JUNEAU ENTERPRISES, INC., Alaska Trams, Inc., Arnt I. Antonsen, and Charles Keen and Karen Keen, Appellants, v. The CITY AND BOROUGH OF JUNEAU, a Municipal Corporation, Bruce Botelho, Caren Robinson, Rosalee T. Walker, Kim S. Elton, Dennis W. Egan, Rosie Peterson, Errol Champion, George Davidson, John MacKinnon, Kevin Ritchie, Barbara Blasco, and Murray Walsh, Appellees.

Supreme Court of Alaska.

Rehearing Denied November 20, 1996.


Attorney(s) appearing for the Case

Phillip Paul Weidner, Weidner & Associates, Inc., Anchorage, for Appellants.

Avrum M. Gross and Susan A. Burke, Gross & Burke, Juneau, for Appellees.

Before RABINOWITZ, MATTHEWS and COMPTON, JJ.


OPINION

RABINOWITZ, Justice.

I. INTRODUCTION

This appeal involves an interwoven property right and contractual dispute surrounding a failed attempt by Charles Keen to construct a tram to the top of Mount Juneau.

II. FACTS AND PROCEEDINGS

There are two separate sets of facts underlying the issues of this appeal, those relating to the tunnel claim and those relating to the tram claims.

A. The Tunnel...

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