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DIAS v. STATE, DEPT. OF TRANSP.

No. S-13570.

240 P.3d 272 (2010)

David T. DIAS and Merribelle Dias, Appellants, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

September 17, 2010.

Attorney(s) appearing for the Case

Ronald L. Baird , Office of Ronald L. Baird, Anchorage, for Appellants.

Jeffrey P. Stark , Assistant Attorney General, Anchorage, and Daniel S. Sullivan , Attorney General, Juneau, for Appellee.

Before: FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

STOWERS, Justice.

I. INTRODUCTION

The Diases obtained land that was adjacent to a public road and subject to an easement and right of way held by the State. The State contacted them to begin using the easement and right of way for road construction. The Diases filed suit in the superior court to quiet title, asserting that the State had only a temporary easement for the removal of gravel and other materials and that the temporary...

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