LPM CORP. v. SMITH

No. 20050950-CA.

139 P.3d 292 (2006)

2006 UT App 258

LPM CORPORATION, a Nevada corporation, Plaintiff and Appellant, v. Paul C. SMITH and Sandra A. Smith, Defendants and Appellees.

Court of Appeals of Utah.

June 22, 2006.


Attorney(s) appearing for the Case

David E. Kingston, Salt Lake City, for Appellant.

Michael R. Johnson and Troy L. Booher, Snell & Wilmer, Salt Lake City, for Appellees.

Before Judges BILLINGS, BENCH, and THORNE.


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...

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