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WDIS v. Hi-Country, 2019 UT 45 (Aug. 13, 2019)

Aug 13, 2019

In this dispute between homeowners and an HOA, the homeowners asserted a quiet title claim.  The district court dismissed the quiet title claim on statute of limitation grounds.  The court of appeals addressed whether the homeowners’ quiet title claim was a “true quiet title claim” thereby having no applicable statute of limitation.  Ultimately, the court clarified two prior cases – In re Hoopiiaina Trust, 2006 UT 53 and Bangerter v. Petty, 2009 UT 67 – and held that “a plaintiff’s quiet title claim is not barred by a statute of limitations if the plaintiff is able to establish a prima facie quiet title case without first receiving some other relief from the court.