News & Analysis as of

Housing Developers Statute of Limitations

Burr & Forman

Developers and Builders Beware: South Carolina Court Again Invalidates an Arbitration Clause, this Time Based on an Attempt to...

Burr & Forman on

On December 11, 2024, the South Carolina Supreme Court sent a clear message to home developers/builders – an arbitration clause that also contains a provision that violates a statute and/or South Carolina public policy may...more

K&L Gates LLP

Lay of the Land: Has Washington State Resolved the Condo Liability Problem?

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Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and...more

Miller Starr Regalia

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

Miller Starr Regalia on

In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more

Downey Brand LLP

Filing Multiple NODs does not Restart Statute of Limitations

Downey Brand LLP on

In Guerrero et al v. City of  Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___,  the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more

Perkins Coie

Suit Challenging Interpretation of Tentative Map Conditions Was Not Time-Barred

Perkins Coie on

Nicholas Honchariw’s battles with the County of Stanislaus over his 9-lot subdivision have now resulted in a fourth published appellate decision. (See our prior reports, County Violates California’s Anti-NIMBY Law by...more

Holland & Knight LLP

Judicial Council Ends Tolling of Statute of Limitations to Bring Civil Suits, Effective Aug. 3

Holland & Knight LLP on

The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended...more

Perkins Coie

CEQA Year In Review 2018

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

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