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HP LTD. PARTNERSHIP v. KENAI RIVER AIRPARK

Nos. S-13955, 13965.

270 P.3d 719 (2012)

HP LIMITED PARTNERSHIP, Appellant and Cross-Appellee, v. KENAI RIVER AIRPARK, LLC, and Kenai River Airpark Owners Association, Inc., Appellees and Cross-Appellants.

Supreme Court of Alaska.

January 13, 2012.

Attorney(s) appearing for the Case

Paul D. Kelly , Kelly & Patterson, Anchorage, for Appellant and Cross-Appellee.

William L. Choquette , Choquette & Farleigh, LLC, Anchorage, for Appellees and Cross-Appellants.

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

OPINION

CHRISTEN, Justice.

I. INTRODUCTION

In 1975, two business partners bought a 160-acre property bordering the Kenai River; they subdivided it into 114 lots and named it Holiday Park Subdivision. The partners reserved an easement across Lot 30 for the benefit of all Holiday Park owners, but disagreements arose over the permissible uses and geographic boundaries of the easement.

In 2004, the owner of Lot 30 sold it to Kenai River...

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