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

Summary

The Alaska Supreme Court affirmed dismissal of the Burkes' quiet-title claims because laches barred their challenge to a reciprocal driveway-access covenant. The court held that the superior court did not clearly err in finding unreasonable delay and prejudice, based on the Burkes' knowledge of the shared-driveway representations and their failure to object before the Makas purchased the neighboring property. Because laches resolved the appeal, the court did not reach the covenant's validity or the alternative easement defenses.