Bangerter v. Petty

INTRODUCTION

PARRISH, Justice:

11 We granted certiorari in this case to determine whether the court of appeals erred in concluding that Jarmacee Properties, LLC (Jarmacee) did not waive its statute of limitations defense. Because we hold that the statute of limitations does not bar an individual, in actual possession of real property under a claim of ownership, from asserting a quiet title action, we need not address whether Jarmacee waived its statute of limitations defense. We therefore remand this case to the court of appeals to consider whether the district court erred in deciding…