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VAN DEUSEN v. SEAVEY

Nos. S-9978, S-10057.

53 P.3d 596 (2002)

Michael VAN DEUSEN and Patricia Van Deusen, Appellants/Cross-Appellees, v. Mitch SEAVEY and Janine Seavey, individually and d/b/a Ididaride Sled Dog Tours, and Dan Seavey and Shirley Seavey, Appellees/Cross-Appellants.

Supreme Court of Alaska.

August 23, 2002.

Attorney(s) appearing for the Case

James N. Reeves and Thomas A. Dosik, Dorsey & Whitney, LLP, Anchorage, for Appellants/Cross-Appellees.

Sean Halloran, Hartig, Rhodes, Hoge & Lekisch, P.C., Anchorage, for Appellees/Cross-Appellants.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The Van Deusens sued their neighbors, the Seaveys, to enjoin a private nuisance caused by numerous sled dogs kenneled on the Seaveys' property. The superior court denied an injunction. Did this denial collaterally estop the Van Deusens' second lawsuit to enjoin the Seaveys? We hold that it does because the Van Deusens have not demonstrated that there was...

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