Alaska Supreme Court
William Brewer Ii, Donna Brewer, William Brewer Iii, Stephanie Brewer, Charles Gray, Margaret Gray and Allen Gray…
November 28, 20142014 Alas. LEXIS 224
Summary
The Alaska Supreme Court reversed the superior court's dismissal of the landowners' takings claim, holding that the burnouts were a public use but that compensation depends on a factual necessity inquiry, and affirmed the dismissal of the tort claims, finding statutory immunity under AS 41.15.045. It remanded the takings claim for further fact‑finding on the doctrine of necessity.