LPM Corp. v. Smith

OPINION

BILLINGS, Judge:

¶ 1 Plaintiff LPM Corporation (LPM) asserts that the trial court erred in granting Defendants Paul C. and Sandra A. Smith’s (collectively, the Smiths) motion to dismiss for failure to state a claim upon which relief can be granted. See Utah R. Civ. P. 12(b)(6). Specifically, LPM argues the trial court erred in determining that the doctrine of boundary by acquiescence cannot be applied to obtain an entire parcel of land. We reverse and remand.

BACKGROUND

¶ 2 When reviewing whether a trial court properly granted a motion to dismiss for failure to state a claim, we “accept…