Windel v. CarnahanAnnotate this Case
At issue in this case was the validity of an easement that Thomas Carnahan claimed extended over property owned by Keven and Marlene Windel. In addition, there were issues surrounding damage allegedly caused by improvements within that easement. Carnahan won at trial in "Windel I," but the Supreme Court remanded the case for reconsideration of attorney fee issues. On remand, the superior court awarded Carnahan feed, finding that he was the prevailing party. The Windels appealed again, arguing the superior court erred in its analysis of Rule 68 when awarding Carnahan attorney fees. Finding no reversible error in the resolution of the fee dispute, the Supreme Court affirmed.