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WINDEL v. MAT-SU TITLE INS. AGENCY, INC.

Nos. S-13793, S-14015.

305 P.3d 264 (2013)

Keven WINDEL and Marlene Windel, Appellants, v. MAT-SU TITLE INSURANCE AGENCY, INC. and Security Union Title Insurance Company, Appellees. Keven Windel and Marlene Windel, Appellants, v. Thomas Carnahan, Appellee.

Supreme Court of Alaska.

July 12, 2013.

Attorney(s) appearing for the Case

Keven Windel and Marlene Windel, pro se, Wasilla, Appellants (No. S-13793).

Kenneth P. Jacobus , Kenneth P. Jacobus, P.C., Anchorage, for Appellants (No. S-14015).

David A. Devine , Groh Eggers, LLC, Anchorage, for Appellee Mat-Su Title Insurance Agency, Inc. James M. Gorski , Hughes Gorski Seedorf Odsen & Tervooren, LLC, Anchorage, for Appellee Security Union Title Insurance Company.

Chris D. Gronning , Bankston Gronning O'Hara, P.C., Anchorage, for Appellee Thomas Carnahan.

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

OPINION

WINFREE, Justice.

I. INTRODUCTION

The primary issue in this consolidated appeal is the validity and interpretation of a roadway easement granted to meet a borough's subdivision platwaiver requirements. The borough later approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original 50-foot easement...

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