Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007)

Citation: Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007)
Parent Document: Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007)
Jurisdiction: California (state)
Effective Date: 2007-10-10
Original Source: https://www.courtlistener.com/opinion/2294826/lincoln-place-tenants-assn-v-ci... ↗

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The City and AIMCO contend the 180-day statute of limitations of Public Resources Code section 21167, subdivision (a) bars plaintiffs’ action because it was commenced on June 8, 2006, more than 180 days after the March 18, 2005 Ellis Act notices. The statute’s plain language demonstrates it has no application to this case seeking to enforce mitigation conditions: “An action or proceeding to attack, review, set aside, void, or annul the following acts or decisions of a public agency on the grounds of noncompliance with this division shall be commenced as follows: HQ (a) An action or proceeding alleging that a public agency is carrying out or has approved a project that may have a significant effect on the environment without having determined whether the project may have significant effect on the environment shall be commenced within 180 days from the date of the public agency’s decision to carry out or approve the project, or, if a project is undertaken without a formal decision by the public agency, within 180 days from the date of commencement of the project.” (Pub. Resources Code, § 21167.) 24

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