David McCarrey and Donna McCarrey, Appellants v. Ronald Kaylor and Jean K. Kaylor, Appellees

Summary

The Alaska Supreme Court held that the superior court did not deny the McCarreys due process because they had actual notice of, and participated in, the dispute over whether the right-of-way was public. It also held that repeal of the Small Tract Act did not terminate the right-of-way and that the federal patent created an express offer of common-law dedication to the public. Because the superior court did not determine whether that offer had been accepted, the court vacated the public-road finding and remanded for factual findings on acceptance.