John Reeves and Fairbanks Gold Co., LLC v. Godspeed Properties, LLC and Gold Dredge 8, LLC, Godspeed Properties, LLC…

Summary

The Alaska Supreme Court affirmed an order balancing the easement holder’s right to develop a dedicatable access road against the servient owner’s use of the property for a tourist railway. The court held that the authorized railway crossings, gates, and berms did not unreasonably interfere with the easement, that the road-construction deadline was enforceable despite the holder’s later-raised dedication-approval argument, and that the easement holder was the prevailing party entitled to attorney’s fees. No separate opinions were issued.