Nilson-Newey & Co. v. Utah Resources International

OPINION

BILLINGS, Judge:

Plaintiff Nilson-Newey & Co. appeals the trial court’s grant of defendants’ motion to dismiss, grounded primarily on laches and statutes of limitation. We conclude that laches bars plaintiffs complaint and affirm on that basis.

FACTS

Because this is an appeal from a motion to dismiss, we accept the material allegations of the complaint as true and recite the facts accordingly. Hansen v. Department of Fin. Inst., 858 P.2d 184, 185-86 (Utah App.1998).

In January 1961, John H. Morgan Jr. (Morgan), Morgan Gas & Oil Co., Justheim Petroleum Co., Clarence I. Justheim, John H.…