Alaska Supreme Court
Vernon Fiehler v. T. Anthony Mecklenburg, Catherine Mecklenburg, State of Alaska, City & Borough of Juneau, and…
November 17, 2023538 P.3d 706
Summary
The court affirmed a judgment locating the parties’ shared property boundary at the 1938 mean high tide line rather than at a monument marking a meander corner. It held that doing so did not exceed the superior court’s subject matter jurisdiction or impermissibly correct the original survey because a meander corner generally marks the course toward the shoreline, while the actual waterline establishes the boundary. The court also held that extrinsic evidence could be used to locate the historical shoreline and that the superior court’s factual finding was not clearly erroneous.