1
.
ESTABLISHED IN THE PRE-ARBITRATION ORDER; (5) PROGRESSIVE DID NOT ASSERT THE WORKERS COMPENSATION OFFSET IN ITS AUGUST 22 1997 RESPONSE TO REQUESTS FO
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EXTRACTED KEY WORDS
SPEARS
BRUSICH
AIR MARINE
EASEMENT
ALASKA
ELLIS
COURT
WILLS
ROUTES
AGREEMENT
PENINSULA
ISLAND
WIFE
LEASE
FENCE
GATE
KETCHIKAN
ROBERT WAYNE SPEARS
HEREINAFTER
SURVEY
FACTS
OWNERS
FEE
ENDNOTE
COMMERCIAL ACCESS
PARTY
PARTIES
SUMMARY JUDGMENT
EVIDENCE
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In the Superior Court for the State of Alaska
First Judicial District at Ketchikan
Robert Wayne Spears as Trustee for
the Robert Wayne Spears Living Trust, Plaintiff,
vs.
Daniel A. Brusich, Alice Brusich, husband and wife,
and Stanley Oaksmith III, Bonnie L. Oaksmith,
husband and wife, Defendants.
No. 1KE-98-171 CI
Memorandum of Decision
"You mean to tell me Katie Scarlett O'Hara that Tara, the land doesn't mean anything to you? Why,
r . . . worth fighting for . . . worth dying for; because it's the only thing that lasts."
"Gerald O'Hara," Gone With The Wind
The Cast:
Robert Wayne Spears, plaintiff and alter ego of the Robert Wayne Spears Living Trust, owner of
Daniel Brusich, and Alice Brusich, his wife, owners of the realty known as "Air Marine Harbor."
SNIPPETS:
In the Superior Court for the State of Alaska
the Robert Wayne Spears Living Trust, Plaintiff,
Daniel A. Brusich, Alice Brusich, husband and wife,
and Stanley Oaksmith III, Bonnie L. Oaksmith,
husband and wife, Defendants.
Robert Wayne Spears, plaintiff and alter ego of the Robert Wayne Spears Living Trust, owner
(Hereinafter "Brusich").
Stanley Oaksmith III and Bonnie L. Oaksmith, his wife and the daughter of Brusich, lessees of
Robert E. Ellis and Margaret R. Ellis, his wife, the eponymous former owners of Ellis Island,
Terry R. Wills and Kathleen M. Wills, his wife, erstwhile owners of Ellis Peninsula between
The waterfront North of Ketchikan -- particularly Air Marine Harbor aka "Brusich Marina" and
U.S. Survey 193; ATS 117 and 76; ATS 372,
(see endnote 1)
The Oaksmiths can then renew the lease for 30 more years or purchase the property.
In 1982 Ellis sold the "island" to Brusich with a lease back which included an easement for
the express easement granted to Ellis had been by then extinguished by the merger of that
This requirement by the arbitrator was court sanctioned and made its appearance in several
Wills entered into discussions with Oaksmith thereafter to obtain the only access then not
On July 10, 1995 Oaksmith and Wills reached an agreement of sorts giving Wills commercial
The party seeking this intervention, or summary judgment, must bear the burden of showing
The question to be decided is whether or not Spears is entitled to enforce this right upon
Hillstrand equates an express grant of a metes and bounds right of way with one established
Brusich and Oaksmith have presented no credible evidence that any other route has ever
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