Arizona Court of Appeals Div. 1
Arizona Court of Appeals Division 1: City of Chandler v. Roosevelt Water Conservation District
No. 1 CA-CV 23-0744 Filed October 31,2024
ISSUES:
- Whether the one-year statute of limitations in A.R.S. § 12-821 applies to actions by one public entity against another public entity, and, if so, whether the City of Chandler filed its action within the one-year limitations period.
- When does the statute of limitations on a breach of contract action accrue under A.R.S. § 12-821 if the defendant has both anticipatorily repudiated a contract and committed a material breach for non-performance?
DECISION: Reversed and remanded
- The court concluded that the one-year statute of limitations in A.R.S. § 12-821 does apply to actions by one public entity against another public entity: The statutory language overrides the common law nullum tempus doctrine that typically exempts public entities from statutes of limitations
- The court determined that Chandler’s claims were time-barred under the one-year statute of limitations.
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