State Asks for Injunction to Restore Benka Access

The State of Alaska filed an injunction request to remove the fence blocking the only public access to Benka Lake. The fence appeared in August 2022 and was built by the Brunzes who own the property on both sides of the road.

The Friends of Benka Lake and now the State argue that Lakeview Street was always meant to be public access to the lake. Originally, it was unclear who built the road. Documents have since surfaced showing the State built it before the land around the lake was subdivided. The road was built in 1965.

The State argues that documents show Lakeview Street was built specifically for public access and has been included on maps since that time. The Brunzes argued that their parcels extend into Lakeview Street giving them sole authority to close the road as it is on their land. However, the deeds for their land stipulate that property owners must provide public access and document it on a plat.

Because Lakeview Street was already built, it only needed to be recorded in a plat. The previous property owners never documented Lakeview Street, but the stipulation carries forward in subsequent deeds, including to the Brunzes. 

Not only does the fence block public access, but it also cuts off public services. Fire trucks cannot access the water point at this time. Alaska Fish and Game did not stock the lake in 2023, a first since stocking began in 1967.

The State requested the Court order the Brunzes to remove the fence and allow the public to access the lake. The State also asks that the injunction remain in place until there is a final resolution of the case.