Alaska Supreme Court
Cody Lee and Stacey Dean, Appellants and Cross-Appellees v. Barbara Konrad, Appellee and Cross-Appellant
August 29, 20142014 Alas. LEXIS 184
Summary
The Alaska Supreme Court reversed the superior court’s finding that the 2008 Schuller survey defined the boundary, holding that the boundary between Lots 13 and 14 was established by acquiescence to the 1992 Ken Lang survey line; it affirmed that Lee’s post‑purchase fill constituted a trespass but reversed the finding of a continuing trespass for fill placed before Konrad bought the property and reversed the order requiring a retaining wall; it vacated the attorney‑fees award and remanded for a new prevailing‑party determination and fee calculation.