March 2012

In an earlier post (“Ten CEQA Litigation Mistakes To Avoid,” September 13, 2011), one bullet point discussed the potential pitfall of concurrently-applicable non-CEQA limitations periods barring CEQA claims.  Numerous cases have held CEQA claims that are timely-filed and served under CEQA’s statute of limitations are nonetheless time-barred for petitioners’ failure to also comply with the concurrently-applicable 90-day service-of-summons requirement imposed by the Subdivision Map Act’s broadly-applicable statute of limitations, Government Code, § 66499.37.  That statute applies whenever an action – including, but not limited to, a CEQA action – seeks to set aside a “subdivision-related” decision.
Continue Reading CEQA-Based Facial Challenges To Map Act Ordinances: Relevant Recent Statute of Limitations Developments