Frasier v. Nolan

Plaintiff, an owner of property in a residential subdivision, initiated this action for a declaratory judgment that the developers of the subdivision hold certain property in constructive trust for an association of subdivision property owners. Plaintiff also sought a judgment requiring the developers to transfer title of that property to the association. The trial court dismissed the action on statute of limitation grounds. Plaintiff appeals, arguing that, because this action arises in equity, the statute of limitations does not apply. We agree and reverse and remand.

The following facts are…