Harold M. Cowan and Elien Jane Cowan, Appellants v. Sharon Yeisley, Gerald Byron, Cherryle Byron, Ketchikan Gateway…

Summary

The Alaska Supreme Court held that the 1956 deed conveyed the Cowans an easement rather than fee title to the disputed strip. It further held that the superior court improperly applied the amended adverse-possession statute retroactively, requiring remand to determine whether the Cowans acquired title under the former statute and whether the land was therefore validly dedicated to the public. The court affirmed the rulings rejecting waiver, laches, and estoppel, vacated the attorney-fee awards, and remanded for further proceedings.