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STATE EX REL. SCHOOL & INST. TRUST LAND ADMN. v. MATHIS

No. 20070910.

223 P.3d 1119 (2009)

2009 UT 85

STATE of Utah, acting by and through the SCHOOL & INSTITUTIONAL TRUST LAND ADMINISTRATION, Plaintiff and Appellant, v. Rex Morrell MATHIS; JoAnn L. Mathis-Ross; William Dale Mathis; Mark Pickup; Shawnda Pickup Cave; Mathis Land, Inc., a Utah corporation; Buck Creek, LLC, a Utah limited liability company; Mountain Mineral Resources, LLC, a Utah limited company; John Does 1-10, Defendants and Appellees.

Supreme Court of Utah.

December 18, 2009.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Thomas A. Mitchell, Erin M. Arnold, Asst. Att'ys Gen., Salt Lake City, for plaintiff.

Ronald G. Russell, Daniel A. Jensen, Royce B. Covington, Salt Lake City, for defendants.

INTRODUCTION

DURRANT, Associate Chief Justice:

¶ 1 Section 78B-2-201 of the Utah Code prohibits the State of Utah from bringing any "action . . . for or with respect to any real property, its issues or profits, based upon the state's right or title to the real property, unless . . . the right or title to the property accrued within seven years before any action or other proceeding is commenced."1 In this case, the State...

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