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ESTATE OF SMITH v. SPINELLI

No. S-13128.

216 P.3d 524 (2009)

The ESTATE OF Selma SMITH, William P. Ingrim, Individually and as Personal Representative of the Estate of Selma Smith, Wallace A. Smith, Wesley C. Monson, Thelma Ingrim Walston, and Elizabeth Jenkins, Appellants, v. Charles SPINELLI, Clark Rush, Lorane Owsichek-Cupples, David Schmid, Victoria Blower, David White, Matthew Fink, Patricia Lefevre, and Corbett Mothe, Appellees.

Supreme Court of Alaska.

September 18, 2009.

Attorney(s) appearing for the Case

Calvin R. Jones, Jones & Colver, LLC, Anchorage, for Appellants.

Richard W. Maki, David H. Shoup, Tindall Bennett & Shoup, P.C., Anchorage, for Appellees Spinelli, Rush, Owsichek-Cupples, Schmid, Blower, White, and Mothe.

Before: FABE, Chief Justice, EASTAUGH, CARPENETI, WINFREE, and CHRISTEN, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

This dispute centers around a 3.38-acre parcel of coastal land in the Turnagain area of Anchorage. Prior to the 1964 Alaska Earthquake, this parcel consisted of a steep, eroding bluff and tidal mudflats. The powerful earthquake collapsed the bluff, spreading it out over the mudflats and transforming the once unusable parcel into gently sloping, potentially developable coastal property. Uncertainty...

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