Garfield County v. Southern Utah Wilderness Alliance

In a number of cases pending before several district courts concerning ownership of certain rights of way claimed by the State of Utah and several of its counties, the federal courts asked the Utah Supreme Court to determine whether Utah Code 78B-2-201(1) and its predecessor are statutes of limitations or statues of repose. The Supreme Court held that the plain language of both versions of the statute reveals them to be statutes of repose. However, because of the absurdity that results from applying section 201 and its predecessor as statutes of repose in the context of the State’s Revised Statute 2477 rights of way, leading to the result that the State lost title to any such rights of way after seven years without any opportunity to prevent such loss, the court construed these statutes as statutes of limitations when applied to the State’s Revised Statute 2477 right of way claims. View "Garfield County v. Southern Utah Wilderness Alliance" on Justia Law