A recent decision in the case of Elevations Plus, LLC v. City Council of Riverbank, in the Eastern District of California, reminded me of something: when undergoing administrative proceedings, always know the relevant statute of limitations. Statute of limitations are laws that determine the expiration date of a claim. In theory, they make sense and are helpful – they’re based on the concept that if one doesn’t act to assert claims within a reasonable time period, those claims should be put to rest. After all, defendants deserve to have some peace of mind after a certain amount of time. However, we sometimes have potential clients come to us just months or even weeks too late, and ultimately, we aren’t able to provide much help because courts will always, always use this technicality to dispose of cases quickly.
Here’s the underlying timeline of events in Elevations Plus: the plaintiff, Elevations Plus (“EP”), alleged that in August 2017, it timely applied for a cannabis retail permit and paid the required application fee under the City of Riverbank’s regulatory structure for commercial cannabis activities. At the time, the City was only accepting four applications, and EP’s was the fourth. The City approved two