Butler v. Alyeska Pipeline Service Co.

MEMORANDUM **

Shirley A. Butler appeals the district court’s grant of summary judgment to Alyeska Pipeline Service Co., et al. (“Alyeska”) with regard to Alyeska’s continued use of an allegedly expired easement over Butler’s Native land allotment for passage and maintenance of a portion of the Trans-Alaska Pipeline. Butler also appeals the denial of her cross-motion for partial summary judgment. 1 We review de novo a district court’s grant or denial of cross-motions for summary judgment. United States v. Alameda Gateway, 213 F.3d 1161, 1164 (9th Cir.2000). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Butler argues that the district court erred in denying her motion for partial summary judgment on Alyeska’s liability because, according to her interpretation of the term and duration provision of the 1981 Grant of Easement of Right-of-Way (“the 1981 easement grant”), it expired in January 2004. Therefore, Butler argues, Alyeska’s continued use of the right-of-way constitutes trespass. Butler further argues that in granting Alyeska’s motion for summary judgment, the court did not view the evidence in the light most favorable to her and erroneously concluded…