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OFFSHORE SYSTEMS-KENAI v. STATE

No. S-13994.

282 P.3d 348 (2012)

OFFSHORE SYSTEMS-KENAI, an Alaskan Partnership, Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, and Kenai Peninsula Borough, a Municipal Corporation, Appellees.

Supreme Court of Alaska.

July 27, 2012.

Attorney(s) appearing for the Case

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

Dario Borghesan , Assistant Attorney General, Anchorage, and John J. Burns , Attorney General, Juneau, for Appellee Department of Transportation.

Scott Bloom , Assistant Borough Attorney, Soldotna, for Appellee Kenai Peninsula Borough.

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

OPINION

STOWERS, Justice.

I. INTRODUCTION

Offshore Systems-Kenai (Offshore) operates a commercial dock facility on Cook Inlet in the Kenai Peninsula Borough (Borough). Nikishka Beach Road traverses Offshore's property. The public has used this road to access the beach since the 1950s. In 2007 Offshore installed a gate blocking the road. The State and the Borough sought an injunction against Offshore...

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