Walter F. Myrick v. Union Oil Company

The District Court dismissed appellants’ trespass and nuisance action against appellee, Union Oil Company of California (“Union”), on the ground that the court lacked jurisdiction, “as all issues brought before this Court by plaintiffs are or could be presently in the process of adjudication before the Superior Court for the State of Alaska.” We l’everse.

On April 26, 1965, the State of Alaska issued a Utility Permit to Union to construct a 20-inch gas line between Kenai and Nikiski within a 75-foot right of way to which the State claimed title. Between May and September 1965 Union constructed the pipe line crossing appellants’ land within the 75-foot strip. In 1966 the Alaska Supreme Court held that Alaska’s reservation of the right of way in excess of 33 feet was invalid. (State Department of Highways v. Crosby (1966) Alaska, 410 P.2d 724 .) After Crosby was decided, Alaska tried unsuccessfully to buy from appellants the disputed part of the strip. On May 12, 1967, Alaska instituted a condemnation action in state court against appellants to acquire the remainder of the strip. Appellants’ motion to join Union in the state action was denied. On October 16, 1967, appellants filed…