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McDowell v. State, 785 P. 2d 1 (Alaska 1989) In Constitution of AK; Section 17. Uniform Application. Notes to Decisions. (Statute granting preference to rural residents.) Sam and A. Joyce McDowell own residential and investment property in Sterling, Alaska. Their property is adjacent to the Sterling Highway. During the winter of 1988-89, the state conducted a right-of-way acquisition survey of land located across the Sterling Highway from the McDowell’s. John and Carol Cook owned the surveyed land and …

…complaint, arguing that the negligence claim against it should be dismissed under the doctrine of discretionary immunity and that the nuisance and trespass claims should consequently be dismissed because the act underlying the claims was a discretionary function. In March 1996 the superior court granted the state’s motion, dismissing the negligence, trespass, and nuisance claims against the state. The McDowell’s moved for reconsideration, but the motion was denied under Alaska Rule of Civil Procedure.