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POWDER RUN AT DEER VALLEY v. BLACK DIAMOND

No. 20120611-CA.

320 P.3d 1076 (2014)

2014 UT App 43

POWDER RUN AT DEER VALLEY OWNER ASSOCIATION, Plaintiff and Appellant, v. BLACK DIAMOND LODGE AT DEER VALLEY ASSOCIATION OF UNIT OWNERS and Park City Municipal Corporation, Defendants and Appellees.

Court of Appeals of Utah.

February 21, 2014.

Attorney(s) appearing for the Case

Eric P. Lee , Park City, and Kathleen E. McDonald , Salt Lake City, Attorneys for Appellant.

Laura S. Scott , Elizabeth A. Schulte , Salt Lake City, and Joseph E. Tesch , Park City, Attorneys for Appellee Black Diamond Lodge at Deer Valley Association of Unit Owners.

Mark D. Harrington , Park City, and Polly Samuels McLean , Attorneys for Appellee Park City Municipal Corporation.

Senior Judge RUSSELL W. BENCH authored this Opinion, in which Judges JAMES Z. DAVIS and STEPHEN L. ROTH concurred.

Opinion

BENCH, Senior Judge:

¶ 1 This case involves a challenge to the dedication of an easement as a public street in Park City. The easement crosses property owned by Powder Run at Deer Valley Owner Association (Powder Run). Powder Run appeals the district court's ruling that the statute of limitations in Utah Code section 10-9a-801 bars its quiet title action and declaratory judgment claim. See Utah Code Ann. § 10-9a-801 (LexisNexis 2012...

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