Offshore Systems – Kenai v. Alaska

Offshore Systems – Kenai (Offshore) operates a commercial dock facility on Cook Inlet in the Kenai Peninsula Borough (Borough). Nikishka Beach Road traverses Offshore's property. The public has used this road to access the beach since the 1950s. In 2007 Offshore installed a gate blocking the road. The State and the Borough sought an injunction against Offshore, alleging a public right-of-way or prescriptive easement exists over Nikishka Beach Road. Offshore counterclaimed for a declaratory judgment quieting title to its property. The parties disputed the length and history of Nikishka Beach Road. The superior court concluded that Nikishka Beach Road provided public access to the beach on several alternative grounds. Offshore appealed the superior court's decision. Upon review, the Supreme Court affirmed, finding that a 1980 patent reserved a valid easement for public access to the shoreline of Cook Inlet. The Court held that the superior court had the authority to locate an easement over Nikishka Beach Road. The Court reversed the award of attorney's fees to the Borough. View "Offshore Systems - Kenai v. Alaska" on Justia Law