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INTERIOR TRAILS PRESERVATION v. SWOPE

No. S-11323.

115 P.3d 527 (2005)

INTERIOR TRAILS PRESERVATION COALITION, Petitioner, v. Greg SWOPE and Donna Swope, Respondents.

Supreme Court of Alaska.

June 24, 2005.

Attorney(s) appearing for the Case

Michael C. Kramer, Cook Schuhmann & Groseclose, Inc., and David F. Leonard, Law Office of David F. Leonard, Fairbanks, for Petitioner.

Peter J. Aschenbrenner, Aschenbrenner Law Offices, Inc., Fairbanks, for Respondents.

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

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

The Interior Trails Preservation Coalition brought an action against Greg and Donna Swope claiming a public prescriptive easement over the Swopes' property for recreational use. The superior court dismissed the action, concluding as a matter of law that the Coalition was incapable of prevailing on its claim because it had not been in existence for ten years — the minimum time required...

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