What is the statute of limitations for a challenge to a local planning decision?

California, United States of America


The following excerpt is from Citizens for Beach Rights v. City of San Diego, 10 Cal.App.5th 1301, 217 Cal.Rptr.3d 316 (Cal. App. 2017):

These limitations provisions are intended " " to provide certainty for property owners and local governments regarding decisions made pursuant to this division ( 65009, subd. (a)(3) ) and thus to alleviate the chilling effect on the confidence with which property owners and local governments can proceed with projects' (id ., subd. (a)(2)) created by potential legal challenges to local planning and zoning decisions." [Citation.] [] To this end, Government Code section 65009, subdivision (c) establishes a short, 90-day statute of limitations, applicable to both the filing and service of challenges to a broad range of local zoning and planning decisions. [Citation.] ... After expiration of the limitations period, "all persons are barred from any further action or proceeding." ( 65009, subd. (e) ; [citation].) " (Stockton Citizens for Sensible Planning v. City of Stockton (2012) 210 Cal.App.4th 1484, 1491, 149 Cal.Rptr.3d 222, italics added.)

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