Burke v. Maka
296 P.3d 976
| Alaska | 2013Background
- The Burkes own Lot 9A and the Makas own adjacent Lot 9B, with a common 20-foot driveway serving both lots.
- A preexisting covenant granted reciprocal use of the entire driveway to both lot owners, creating a shared access arrangement.
- Matthews executed and placed the covenant with municipal staff in 2001; the covenant was recorded years later, before Burkes’ purchase but without Burkes’ actual knowledge.
- Burkes purchased Lot 9A in 2004; they received disclosures indicating shared driveway rights but did not protest or dispute them.
- In 2009 the Burkes sued to quiet title, arguing the covenant was invalid and that the Makas had no right to use Burkes’ portion; the trial court dismissed on laches.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether laches bars Burkes’ claims. | Burkes contend delay and prejudice are not shown. | Superior Court properly found unreasonable delay and prejudice. | Laches affirmed; claims barred. |
| Whether the Shelter Rule or related covenants affect the outcome. | Shelter Rule could void covenant via predecessor’s status. | Alaska does not recognize Shelter Rule; not needed here. | Not addressed; resolved on laches. |
| Whether the covenant is valid or binding on the Burkes. | Covenant invalid due to intervening transfers/recordation issues. | Covenant valid or at least enforceable, given notices and disclosures. | Addressed only insofar as laches forecloses challenge. |
Key Cases Cited
- Whittle v. Weber, 243 P.3d 208 (Alaska 2010) (three-part test for laches and standard of review)
- Gudenau v. Bang, 781 P.2d 1357 (Alaska 1989) (laches as equitable defense in civil actions)
- Benson v. Benson, 977 P.2d 88 (Alaska 1999) (availability of equitable defenses, reviewed de novo)
- Foster v. State, 752 P.2d 459 (Alaska 1988) (reviewing factual findings underlying laches for clear error)
- Pavlik v. State, Dep’t of Cmty. & Reg’l Affairs, 637 P.2d 1045 (Alaska 1981) (standard for abuse of discretion in laches analysis)
- Lewis v. State, 469 P.2d 689 (Alaska 1970) (interpretation of reasonable/unreasonable conduct standard)
- Young v. Williams, 583 P.2d 201 (Alaska 1978) (conceptual guidance on evaluating evidentiary rulings in laches)