Offshore Systems-Kenai, an Alaskan Partnership v. State of Alaska, Department of Transportation and Public…

Summary

The court affirmed that the 1980 state patent reserved a valid 50-foot public access easement to the shoreline and held that the superior court properly located the easement over both branches of Nikishka Beach Road. The easement was not conditioned on the Borough's failure to identify and plat its precise location, and laches and quasi-estoppel did not bar enforcement. The court reversed and remanded the attorney's-fee award because the Borough failed to segregate fees attributable to its limited participation.