Fink v. Municipality of Anchorage
2016 Alas. LEXIS 108
| Alaska | 2016Background
- Dispute over a narrow parallelogram-shaped strip of land in Anchorage (Block K, Turnagain Heights) lying between the platted northern lot lines (top of a pre-1964 bluff) and the pre-1964 mean high-tide line; plaintiffs Fink and Wilke own four of six lots.
- Historical deeds: Marvin Marston received property from Lynn Ary (1943); a 1949 “Beachfront Deed” from Ary to Marston described beachfront rights; Union Bank received only a security interest in 1946; Union Bank later quitclaimed any interest to the Municipality.
- 1964 Good Friday Earthquake caused the bluff to slide north, creating developable land and new tideland seaward of the pre-1964 mean high-tide line; the Municipality owns the land created seaward of that pre-1964 line.
- Plaintiffs sued to quiet title, sought relief under the Earthslide Relief Act, and later added ejectment and cancellation claims; the superior court bifurcated title (bench) and possession (later, jury) issues.
- The superior court found the controlling plat (P-424) ambiguous, then on extrinsic evidence concluded Marston reserved the bluff/shoreline (lots terminated at bluff top), ruled plaintiffs lacked a substantial interest, held the Earthslide Relief Act inapplicable, and found plaintiffs’ claims time-barred. The supreme court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to jury on ejectment vs. bench on title | Plaintiffs demanded jury for ejectment; entitled to jury on legal claims | Municipality: parties effectively consented to bench trial on title via pretrial order and failure to object | Plaintiffs waived jury on the title issue by consenting/filing joint pretrial order; bench trial was proper |
| Whether plaintiffs hold superior/substantial title to disputed strip | Plaintiffs: plats ambiguous; deeds and beachfront deed support lots extending to pre-1964 mean high-tide line | Municipality: plats, deed history, and extrinsic evidence show lots end at bluff top; Municipality holds title to shifted/new land | Court: P-424 ambiguous, but extrinsic evidence supports Municipality; plaintiffs failed to prove substantial interest; judgment for Municipality |
| Applicability of Earthslide Relief Act (AS 09.45.800) | Plaintiffs: 1964 earthslide moved lot boundaries seaward; Act requires recognition and quieting of new boundaries in their favor | Municipality: Act applies where surface shift carried fixtures/encroached and boundaries cannot be re-established; here monuments/dimensions remain re-establishable and bedrock not displaced | Act does not apply; boundaries can be re-established and owners did not own the slid material, so title did not flow with surface |
| Statute of limitations for recovery of real property | Plaintiffs: (alternative) challenge to application of time bar | Municipality: construction of Coastal Trail (1986) gave inquiry notice; 10-year limitations bars claim | Court held limitations defense valid below (and plaintiffs failed on title), and supreme court affirmed lower-court limitation ruling as to timing (plaintiffs’ claims were time-barred) |
Key Cases Cited
- Shope v. Sims, 658 P.2d 1336 (Alaska 1983) (ejectment is a legal action entitled to jury trial when timely demanded)
- Hollembaek v. Alaska Rural Rehabilitation Corp., 447 P.2d 67 (Alaska 1968) (pretrial orders and judge-signed stipulations can operate as waiver of jury trial)
- White v. McGinnis, 903 F.2d 699 (9th Cir. 1990) (party conduct and failure to object can constitute withdrawal of jury demand)
- Estate of Smith v. Spinelli, 216 P.3d 524 (Alaska 2009) (platted lots abutting water are presumed to extend to water where no developable land is platted between)
- Shilts v. Young, 643 P.2d 686 (Alaska 1982) (quiet title and ejectment plaintiffs must prove substantial interest and superior title)
- Wickwire v. City & Borough of Juneau, 557 P.2d 783 (Alaska 1976) (a grantor must have an interest to convey by quitclaim)