Legal Opinion

Garfield Cnty. v. United States

Utah Supreme Court

Decided July 26, 2017No. Case No. 20150335PublishedCited by 14 opinions

1Opinion of the Court

Chief Justice Durrant, opinion of the Court:

Introduction

¶ 1 This certified question emerges from a number of cases pending before several federal district courts concerning ownership of certain rights of way claimed by the State of Utah and several of its counties pursuant to Revised Statute 2477. The federal courts ask that we determine whether Utah Code section 78B-2-201(1) and its predecessor are statutes of limitations or statutes of repose. We hold that the plain language of both versions of the statute reveals them to be statutes of repose. 1 The application of this interpretation to…

2Cases cited35 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  3. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  4. Federal Bureau of Investigation v. AbramsonSupreme Court of the United States · 1982
  5. United States v. KirbySupreme Court of the United States · 1869

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3Cited by14 opinions

  1. State v. OgdenUtah Supreme Court · 2018
  2. Rutherford v. Talisker Canyons Fin., Co.Utah Supreme Court · 2019
  3. GeoMetWatch Corp. v. Utah State Univ. Research Found.Utah Supreme Court · 2018
  4. Zilleruelo v. Commodity TransportersUtah Supreme Court · 2022
  5. Scott v. Wingate Wilderness TherapyUtah Supreme Court · 2021

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