WDIS, LLC v. Hi-Country Estates Homeowners Ass'nAnnotate this Case
In this dispute between a homeowner's association (HOA) and a group of landowners (WDIS) within the HOA's boundaries, the Supreme Court reversed the district court's dismissal of WDIS's quiet title claim and the court's res judicata determination without reaching the merits, holding that no statute of limitations applied to the quiet title claim and that the HOA failed adequately to brief the res judicata issue.
At the district court level WDIS brought an action to quiet title in its properties against the HOA, seeking a judicial declaration that its properties were not encumbered by the HOA's covenants and restrictions. In dismissing the action, the district court determined that it was barred by the statute of limitations and that the doctrine of res judicata precluded WDIS from challenging certain encumbrances enacted in 1990. The Supreme Court reversed, holding (1) because WDIS was able to establish a prima facie case of quiet title without first receiving some other relief from the court no statute of limitations applied to WDIS's quiet title claim; and (2) the HOA failed adequately to brief the res judicata issue.