METHONEN v. STONE

No. S-7403.

941 P.2d 1248 (1997)

Marcus METHONEN, individually and as Trustee of the Methonen Trust, Appellant, v. Rick STONE and Robert Talmage, Appellees.

Supreme Court of Alaska.

Rehearing Denied August 7, 1997.


Attorney(s) appearing for the Case

Thomas E. Meacham, Anchorage, for Appellant.

Lawrence A. Pederson, Paul J. Nangle & Associates, Anchorage, for Appellees.

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


OPINION

RABINOWITZ, Justice.

I. INTRODUCTION

This appeal involves a dispute over property rights pertaining to a water well which is located on one subdivision lot and has been used as a source of water by owners of other lots in the subdivision.

II. FACTS AND PROCEEDINGS

In 1970 Howard and Daniel Hede subdivided eleven lots within Tract Five of Siefker Subdivision No. 3. The Hedes retained Lot 10, drilled...

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