City of Idaho Falls, an Idaho Mun. Corp. v. H-K Contractors, Inc.

BEVAN, Justice.

*953 The City of Idaho Falls ("Idaho Falls") appeals from an order dismissing its breach of contract and waste claims against H-K Contractors, Inc. ("H-K"). The district court found Idaho Falls' claims were time barred under the statute of limitations regarding contract actions, pursuant to Idaho Code section 5-216. Idaho Falls appeals claiming the district court erred in applying the statute of limitations to its claims. We vacate the judgment of the district court.

I. FACTS AND PROCEDURE

On September 23, 2005, H-K entered into a written contract requiring it to convey a parcel of…