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NILSON-NEWEY & CO. v. UTAH RESOURCES INTERN.

No. 950126-CA.

905 P.2d 312 (1995)

NILSON-NEWEY & COMPANY, a Utah partnership, Plaintiff and Appellant, v. UTAH RESOURCES INTERNATIONAL, a Utah corporation; Tonaquint, Inc., a Utah corporation; John H. Morgan, Jr.; Daisy Morgan; Resources Limited Partnership; Tonaquint-Indian Hills Limited Partnership; Country Club Partnership; Southgate Plaza Limited Partnership; Southgate Palms Limited Partnership; Southgate Resort Limited Partnership; and Service Station Limited Partnership, # 2, Defendants and Appellees.

Court of Appeals of Utah.

October 19, 1995.

Attorney(s) appearing for the Case

Jeffrey C. Swinton, Salt Lake City, for Appellant.

Jeffrey Robinson, Joseph C. Rust, and John M. Wunderli, Salt Lake City, for Appellees.

Before BILLINGS, GREENWOOD and JACKSON, JJ.

OPINION

BILLINGS, Judge:

Plaintiff Nilson-Newey & Co. appeals the trial court's grant of defendants' motion to dismiss, grounded primarily on laches and statutes of limitation. We conclude that laches bars plaintiff's complaint and affirm on that basis.

FACTS

Because this is an appeal from a motion to dismiss, we accept the material allegations of the complaint as true and recite the facts...

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