McGill v. Wahl

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \The analysis is actually less of a distinct two-part test than an overall balancing of equities.\
• “[t]o establish a prescriptive easement a party must prove that (1) the use of the easement was continuous and uninterrupted”
• no right to jury trial in action for declaration of existence of prescriptive easement, as opposed to action for damages
• AS 09.10.030 establishes the \method by which a claimant may establish title through adverse possession\ and \constitutes a method for establishing an easement through prescription.\
• “The Alaska Constitution preserves a jury trial only for those causes of action which are legal, and not equitable in nature.”
• requiring proof of continuous use to establish prescriptive easement

Source: CourtListener parenthetical corpus (CC0).