Osterloh v. State

The trial court on defendants’ motion to dismiss, or alternatively for summary judgment, dismissed this quiet title action. The motion was based upon the bar of the statute of limitations, I.C. § 5-203.

The defendant, however, primarily argued for dismissal on the basis of laches on the part of plaintiffs — which was said to arise out of the fact that a prior quiet title action involving the same parties and the same parcel of real property had been dismissed, since which time the defendant, as asserted in supporting affidavits, had made certain improvements to, and use of some of the…