Sheldon

Appellant, Sheldon, seeks to enjoin the maintenance of certain improvements placed by the defendants ’ upon tidelands immediately in front of and abutting land claimed by appellant under a homestead near Juneau, Alaska. On the trial these facts were adduced:

Plaintiff owns 47.34 acres of land on Gastineaux Channel, an arm of the Pacific Ocean, and owns upland having a water frontage of about 2,065 feet on Gastineaux Channel. Defendants’ structures consist of piles and caps upon two strips of tidelands, one of 106 and the other of 70 *659 feet in length, and it is charged that buildings will be built thereon. Plaintiff lives upon his land, except when doing some assessment work. He has no improvements in the way of buildings upon the land, except the house in which he resides, which is approximately 700 feet northwesterly from the structure built by defendants. Plaintiff offered no evidence to show that he had any actual use for any of the tidelands lying in front of the uplands, or that he ever intended to make any use of the tidelands or any part thereof. In the judgment the District Court finds no evidence that defendants have interfered or are about to interfere with…