Lewis v. Johnson

Plaintiffs, bona fide settlers in possession of upland lots in Juneau, Alaska, abutting tide waters, sought an injunction to prevent defendant from erecting structures on abutting tidelands that would impair their littoral rights, particularly the right of access to deep water. Defendant demurred, arguing upland owners have no tideland rights, plaintiffs lack sufficient title, and equity lacks jurisdiction. The District Court of Alaska overruled the demurrer, holding that bona fide settlers on public lands possess all littoral rights incident to fee ownership, including a right of access over tidelands, based on government settlement policy, equity, and precedent from English and U.S. courts. The court affirmed equitable jurisdiction for injunctive relief where legal remedies are inadequate.

Bona fide settlers in possession of upland lots abutting tide waters sought an injunction to prevent structures on adjacent tidelands that would impair their littoral rights, particularly access to deep water. The defendant demurred, claiming upland owners lack tideland rights, plaintiffs have insufficient title, and equity lacks jurisdiction. The court overruled the demurrer, holding that such settlers possess littoral rights incident to fee ownership, including access over tidelands, and affirmed equitable jurisdiction for injunctive relief where legal remedies are inadequate.

• Bona fide settlers on public lands have littoral rights equivalent to fee owners
• Right of access over tidelands to deep water is recognized
• Equity can enjoin impairment of such rights where legal remedy inadequate
• Government policy supports protecting settlers' rights

• Case involves uplands and tidelands in Alaska
• Plaintiffs are bona fide settlers on public lands

• Demurrer challenging plaintiffs' littoral rights, title, and equitable remedy