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FERNANDES v. PORTWINE

Nos. S-9990, S-10009.

56 P.3d 1 (2002)

Joaquim S. FERNANDES, d/b/a Fernandes Company, Inc., Appellant/Cross-Appellee, v. Daniel and Joanne PORTWINE, Appellees/Cross-Appellants.

Supreme Court of Alaska.

Rehearing Denied October 28, 2002.

Attorney(s) appearing for the Case

John J. Connors, Law Office of John J. Connors, P.C., and Robert John, Law Office of Robert John, Fairbanks, for Appellant/Cross-Appellee.

Craig B. Partyka, Cook, Schuhmann & Groseclose, Inc., Fairbanks, for Appellees/Cross-Appellants.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Joaquim "Jack" Fernandes appeals the following aspects of the superior court's decision in a nuisance case brought against him by Daniel and Joanne Portwine: (1) the court's use of the preponderance of the evidence standard; (2) the use of a six-year statute of limitations; (3) the denial of his request for a jury view of the premises; (4) the court's finding that the Portwines' use of their premises...

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