of laches in its discretion and on its own motion, though laches was not pleaded in defense). Cf. Hansen v. Kiernan, 159 Mont. 448, 499 P.2d 787, 792 (1972) (recognizing that a court would not consider a claim of laches which was not pleaded); Danovitz v. Portnoy, 399 Pa. 599, 161 A.2d 146, 148 (1960) (noting that the defense of laches which "was not raised in the pleadings nor at any time in court below” could not be considered by the appellate court); Lincoln County v. Fischer 216 Or. 421, 339 P.2d 1084, 1097 (1959) (“[Ljaches is not available as a defense unless pleaded”); Otero v. Sandoval, 60 N.M. 444, 292 P.2d 319, 321 (1956) (asserting that where laches was not pleaded as an affirmative defense, it was not available); Kramer v. Johnson, 361 Mo. 1085, 238 S.W.2d 416, 421 (1951) (<HOLDING>). 14 . It is important to note that we do not
recognizing laches as an affirmative defense holding that where defense of laches was not pleaded denial of equitable relief on grounds of laches was error holding that equitable defense of laches is inapplicable to claims of fraud holding that laches is an affirmative defense recognizing laches as an equitable defense to a motion to reopen