It's the latest move in a long-running dispute over the large man-made lake in South Anchorage that is surrounded by expensive homes.
The State of Alaska has sued a group of homeowners over public access to Campbell Lake, the latest move in, filed in state court Monday, is against residents Gordon Franke, Gregory Schumacher and John Frost as well as a homeowners’ association in the area, Campbell Lake Owners. The issue entered the public eye afterabout the absence of public access to the lake, which was created when Campbell Creek was dammed in the 1950s.
But the homeowners argue that state easements allowing access to the lake aren’t valid. Two of them, Franke and Frost, filed ain federal court in April against DNR Commissioner John Boyle. They claim that federal law governs the lake — and thatby the department and the Municipality of Anchorage asserting public access rights to the lake has harmed them by encouraging trespassing on private yards, littering, physical damage “and serious invasion of their privacy.
“The state contends that it is a public lake by virtue of the fact that Campbell Creek, which underlies Campbell Lake, is and always was a water of the state and prior to statehood a public water,” Burke said. “We believe the case properly belongs in state court to resolve both the right-of-way issue and the lake ownership issue — and so you can say that the state didn’t fire the first shot,” he said.
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