David T. Dias and Merribelle Dias, Appellants v. State of Alaska, Department of Transportation and Public…

Summary

The court affirmed summary judgment for the State, holding that the 1969 instrument unambiguously granted a perpetual, full, and unrestricted easement and right of way for highway construction, maintenance, and related activities. The instrument's title, language granting passage over a defined strip of land, configuration, and perpetual duration outweighed the Diases' argument that the easement was limited to temporary gravel removal.