McDOWELL v. STATE

No. S-9101.

23 P.3d 1165 (2001)

Sam E. McDOWELL and A. Joyce McDowell, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

June 8, 2001.


Attorney(s) appearing for the Case

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

Craig J. Tillery, Assistant Attorney General, Elise M. Hsieh, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.


OPINION

CARPENETI, Justice.

I. INTRODUCTION

Sam and Joyce McDowell sued the state for trespass alleging that the state permitted petroleum contamination to migrate from its Sterling Highway right-of-way onto the McDowell's property. The superior court granted the state's motion to dismiss the trespass claim because the court had previously dismissed a trespass claim regarding the same event in a pending case between the McDowells...

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