Robert Rufus, Jack Tolliver, and Greenbrier Property Group, LLC v. The Greenbrier Sporting Club Development Company, Inc., et al.; John Smith and Robert Smith v. The Greenbrier Sporting Club Development Company, Inc., et al.

Summary

The Supreme Court of Appeals of West Virginia affirmed the dismissal of claims arising from an allegedly fraudulent sale of real property as barred by the two-year statute of limitations. The court held that the discovery rule did not toll the limitations period because knowledge of the alleged fraud was imputed to the limited liability company through its members. The court also affirmed dismissal of the Smiths' identical cross-claims on res judicata grounds.

Holdings

1. The claims were barred by West Virginia's two-year statute of limitations because the cause of action accrued no later than April 28, 2005, and the complaint was filed more than seven years later.
2. The discovery rule did not toll the statute of limitations because the pleadings established that the Smiths knew or should have known of the alleged fraudulent scheme at the time of the transaction, and that knowledge was imputed to Greenbrier Property Group.
3. Dismissal of the complaint barred the Smiths' identical cross-claims under res judicata.

Questions Presented

1. Whether the circuit court properly dismissed the claims as barred by the two-year statute of limitations when the pleadings established that the limited liability company's members knew or should have known of the alleged fraud at the time of the 2005 transaction.
2. Whether the discovery rule tolled the statute of limitations.
3. Whether dismissal of the complaint barred the Smiths' identical cross-claims under res judicata.
4. Whether the circuit court properly resolved the claims through dismissal on the pleadings rather than by submitting discovery-rule issues to a jury.

Disposition

affirmed