The Appellate Group

Draper v. Hidden Valley

Draper v. Hidden Valley, 2021 UT 54 (Durrant, J.)

Contract; Statute of Limitations

Plaintiff and Defendant collaborated to develop a shopping center pursuant to a declaration that provided that no less than 4 parking spaces would be provided per 1,000 square feet of floor area. Defendant completed construction in 2002, but fell short of the parking-space obligation. In 2017, Defendant removed some additional parking spaces, and Plaintiff sued. The district court concluded that Plaintiff’s claims related to Defendant’s 2002 breach were time barred by the statute of limitations. The Utah Supreme Court affirmed, holding:

  • Claims that could be raised under an antiwaiver contractual provision may nonetheless be barred by the statute of limitations. Here, under an antiwaiver provision, Plaintiff did not waive the parking provision by waiting fifteen years to enforce it. But the statute of limitations barred any claim based on the 2002 breach. As a result, Plaintiffs could obtain relief from the 2017 breach only in reference to the status quo in place before that breach and not in reference to the parking provision as written. Although Plaintiff’s claims involved a property right, the right was subject to the contract statute of limitations because it was created by contract.

Read the full court opinion