Is a public agency bound by the statute of limitations to bring a validation action?

California, United States of America


The following excerpt is from California-American Water Co. v. Marina Coast Water Dist., 2 Cal.App.5th 748, 206 Cal.Rptr.3d 439 (Cal. App. 2016):

agency's action in court, the public agency is not so limited. (Friedland v. City of Long Beach (1998) 62 Cal.App.4th 835, 851, 73 Cal.Rptr.2d 427, original italics; see also City of Ontario v. Superior Court , supra , 2 Cal.3d at p. 341, 85 Cal.Rptr. 149, 466 P.2d 693 [ 869 authorizes public agency to disregard 60day statute of limitations imposed on interested parties].) This gives public agencies three options: bringing a validation action, doing nothing, or waiting past the statutory time limits that apply to interested persons. (Friedland , at pp. 850851, 73 Cal.Rptr.2d 427.)

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