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COWAN v. YEISLEY

No. S-13380.

255 P.3d 966 (2011)

Harold M. COWAN and Ellen Jane Cowan, Appellants, v. Sharon YEISLEY, Gerald Byron, Cherryle Byron, Ketchikan Gateway Borough, and all other persons or unknown parties claiming a right, title, estate, lien, or other interest in the real estate described in the Complaint in this action, hereby designated as John Does, Appellees.

Supreme Court of Alaska.

May 27, 2011.

Attorney(s) appearing for the Case

Michael P. Heiser , Ketchikan, for Appellants.

Scott A. Brandt-Erichsen , Borough Attorney, Ketchikan, for Appellee Ketchikan Gateway Borough, and H. Clay Keene and Blake M. Chupka , Keene & Currall, P.C., Ketchikan, for Appellee Sharon Yeisley.

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

OPINION

STOWERS, Justice.

I. INTRODUCTION

In 1948 Claude Yeisley received a patent to Tract A, consisting of 4.45 acres of land in Ketchikan, from the United States. In 1956 he deeded a lot of land within Tract A to his daughter and her husband, the Cowans, along with a "perpetual right of way running with the land" over a 30-foot strip of "right of way" running along the southeastern side of Tract A. Between 1960 and 1973, Claude Yeisley...

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