Turtle Talk

Here is the opinion in this ongoing case — dct-order-on-states-affirmative-defenses

An excerpt:

For reasons set forth below, the court vacates the 1999 Order because the State of Utah adequately pleaded the affirmative defenses of laches and statute of limitations in its Answer, which should not have been dismissed on a motion for judgment on the pleadings. But, because both defenses fail as a matter of law and fact, Plaintiffs’ Motion for Summary Judgment 2 is GRANTED and the State’s laches and statute of limitations defenses are dismissed with prejudice on the merits.