James Dault and Shala Dobson, Appellants v. Edward Shaw, Appellee

Summary

The Alaska Supreme Court held that the presumption that use of a private drive is permissive applied because subdivision developers built the trail for their own marketing and development purposes. Shaw therefore failed to show the distinct and positive assertion of hostile use required to convert an initially permissive use into a prescriptive easement, and the court reversed the superior court's judgment. Justice Winfree, joined by Justice Stowers, dissented, concluding that the majority improperly reweighed the evidence and that the trial court correctly found acquiescence rather than permission.