On May 31, a state judge ordered Jan and Britta Brunz to temporarily remove a fence blocking public access to Benka Lake, in Talkeetna. The fence, built by the Brunzes in 2022 in an attempt to close a longstanding public access point to the lake, has been a topic of bitter controversy in the community since it was erected in 2022, and was the subject of a lawsuit filed in 2023.

Last week’s injunction ordering the removal of the fence marks a significant victory for Friends of Benka Lake and the State of Alaska, who are jointly suing to restore the public access point, though the legal status of the fence ultimately will not be decided until the conclusion of the trial.

Benka Lake lies below a cluster of wooded hills a short distance off of Talkeetna Spur Road, near its intersection with the Parks Highway. In 1965, the State of Alaska built a road to Benka Lake and a boat launch, with the stated intention of providing public access to the lake. Though a requirement was placed in property deeds to maintain and plat a public easement to the lake, land around the boat launch changed hands several times and the easement was never platted. In 2015 and 2021, the Brunzes purchased the parcels on either side of the boat launch. In 2022, they erected a fence at the end of South Lakeview Street, blocking public access to the boat launch and lake.

In 2023, the Brunzes filed paperwork with the Mat-Su Borough requesting that the borough vacate its ownership of the end of South Lakeview Street leading to the boat launch, effectively turning the public road leading to the boat launch over to private ownership by the Brunzes. The Brunz parcels would then be combined into a single parcel, along with the boat launch and formerly-public road.

The fence and attempt to privatize a portion of S Lakeview St stirred confusion and outrage among many users of Benka Lake, many of whom had been recreating on the lake for decades. In 2023, the newly-formed group Friends of Benka Lake filed a lawsuit against the Brunzes. Friends of Benka Lake was soon joined by the State of Alaska, which has long vigorously defended public access to Alaska waterways. In early 2024, the State of Alaska, supported by Friends of Benka Lake, requested that the court grant an injunction requiring that the Brunzes remove the fence and restore public access to the lake.

In the hearing for the injunction, the judge overseeing the case heard testimony from residents who were no longer able to use the lake, both for recreation and to access their own private parcels. The Alaska Department of Fish and Game testified that they could no longer stock the lake, and the Talkeetna Fire Chief testified that the fire department could no longer use the lake as a water source.

In the order granting the injunction, the judge found that the fence had caused significant harm and that the suit against the Brunzes had obvious merit. The order gave the Brunzes 72 hours to remove the fence. According to posts on the Friends of Benka Lake Facebook page, the Brunzes removed the fence and individuals immediately began recreating on the lake. However, the injunction to remove the fence will only remain in effect until the trial is concluded, leaving the fate of lake access uncertain.

Talkeetna resident and Friends of Benka Lake board member Chris Hall told the Landmine that Jan Brunz had been visiting the lake for decades, and knew about the public access point long before purchasing the adjacent lots in 2015 and 2021. Hall stated that the Brunzes’ attorney, Phillip Weidner, had filed excessively long and tedious documents with the court in an attempt to delay the trial. But, he said, Friends of Benka Lake remained undeterred.

“This is a fight we’re gonna continue having as people with wealth move in and try to take away public access,” he said, citing increasing population and pressure on the Talkeetna area. Hall told the Landmine that many of his neighbors voluntarily create and maintain community trails, and that this communal spirit is one of the benefits of living in Talkeetna.

Hall provided the following statement to the Landmine:

“Our community has had public access to Benka Lake blocked for two years. For the same period, Alaska Fish and Game has not stocked the lake, which impacts not only the people who enjoy fishing but also migratory birds that rely on the fish. Many community members have expressed excitement about having access returned by this injunction. Today, a community member planned a paddle board event with neighbors to celebrate. Friends of Benka Lake are also working with Fish and Game to stock the lake this summer. Shared access to our common resources is an Alaska constitutional right. Friends of Benka Lake will continue working towards full legal public access to Benka Lake and look forward to the court protecting that right for future generations of Alaskans.”

Jan Brunz did not answer two phone calls, and did not respond to an emailed request for comment by the time of publication.