Stanley

MEMORANDUM *

Jose and Emelia Stanley appeal the district court’s grant of summary judgment to Carr-Gottstein Properties (“the Developer”). They argue that the district court erred in finding that: (1) they were not entitled to enforce, as third party beneficiaries, a stipulation between the Developer and the Municipality of Anchorage (“the Municipality”) concerning the conveyance of an easement over the Developer’s property; and (2) the stipulation, if acted upon by the Municipality, would violate the Fifth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The Stanleys outbid the Developer for a landlocked parcel of land (Lot 2) that abuts both their residence (Lot 8) and two parcels of land (Lots 10 and 11) in the Developer’s then undeveloped Discovery Heights Subdivision, Phase IV. Although the Stanleys have physical access to Lot 2 from their residence, the property does not border a legal right of way (i.e., street access), which is required by the Municipality for them to lawfully subdivide the land. After initially requiring that the Developer provide legal access to Lot 2 through Lots 10 and/or 11 to receive platting approval for Phase IV, a…