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BURKE v. MAKA

No. S-14202.

296 P.3d 976 (2013)

Daniel L. BURKE and Luisa E. Burke, Appellants, v. Nesavou MAKA, Fungani A. Maka, and Alberta F. Maka, Appellees.

Supreme Court of Alaska.

March 15, 2013.

Attorney(s) appearing for the Case

Todd J. Timmermans , Hartig Rhodes LLC, Anchorage, for Appellants.

James M. Gorski , Hughes Gorski Seedorf Odsen & Tervooren, LLC, Anchorage, for Appellees.

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

OPINION

WINFREE, Justice.

I. INTRODUCTION

Daniel and Luisa Burke (the Burkes) own a home in Anchorage. Nesavou Maka, Fungani Maka, and Alberta Maka (the Makas) are the Burkes' next-door neighbors. The Burkes and the Makas have a common driveway approximately 20 feet wide over a shared property line. The Burkes wanted to build a fence down the middle of this driveway. However, a preexisting covenant...

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