Plaintiffs were owners of condominium units designated "Below Market Rate" ("BMR") under the BMR Condominium Conversion Program created by the City and County of San Francisco ("City") under the authority of the Subdivision Map Act ("SMA"). Plaintiffs filed a challenge against a City ordinance adopted as part of the BMR Program, claiming that the Ordinance, which amended existing ordinances governing the BMR Program and added new provisions, constituted a regulatory taking, was preempted by state law, and violated their civil rights under 42 U.S.C. section 1983.
The City claimed that the trial court erred in issuing a preliminary injunction because there was no likelihood that plaintiffs could prevail at trial. The City contended that plaintiffs' claims were all barred by the 90-day statute of limitations period provided by SMA section 66499.37 (actions challenging the decision of a legislative body "concerning a subdivision") and section 65009, subdivision (c)(1) (actions challenging either the adoption or amendment of a zoning ordinance or the validity of conditions attached to variances, conditional use permits, or other permits). The court agreed with the City because the claim was not filed within the 90 day timeframe provided for under section 66499.37.
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