(Download) "Matanuska Electric Association v. Mark D." by Supreme Court of Alaska * Book PDF Kindle ePub Free

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Title: Matanuska Electric Association v. Mark D.
Author : Supreme Court of Alaska
Release Date : January 01, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

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BURKE, Justice. This appeal arises from a judgment, after trial by the superior court, granting appellee Mark Weissler treble damages, prejudgment interest, costs and attorney's fees against appellant Matanuska Electrical Association (MEA), for cutting trees on Weissler's property outside of the area granted in an easement. The appeal presents four issues. First, MEA alleges that the court improperly awarded treble damages under AS 09.45.730 1 to Weissler. Second, MEA argues that Weissler should not have recovered on his ex-wife's claims after she requested, and the superior court granted, a motion to dismiss her as a coplaintiff. Third, MEA claims that the superior court erred in calculating prejudgment interest on the total award which included the treble damages award. Finally, MEA asserts that the court should not have awarded costs to Weissler without giving MEA a hearing pursuant to Civil Rule 79. We conclude that MEA is liable for treble damages and that Weissler should recover for the full amount of damage to the property. We reverse the trial court's prejudgment interest determination and remand for a hearing on costs.