Appellate case law update

To access case, press here

Appellant-defendant Town of Cloverdale (The Town) appeals the trial court's order of disannexation entered in favor of appellees-plaintiffs Scott Renner, John Huber, Ann Manning, and Judy Fox (collectively, the appellees). The Town makes a number of arguments, one of which is dispositive; namely, that the appellees' complaint was untimely filed.

Conclusion (slip op. at 9):  The judgment of the trial court is reversed and remanded with instructions to enter final judgment in the Town's favor.

Key Analysis (slip op. at 7, 9):  The doctrine of continuing wrong does not prevent the statute of limitations from beginning to run when the plaintiff learns of facts that should lead to the discovery of his cause of action, even if his relationship with the tortfeasor continues beyond that point . . . Inasmuch as the one-year statute of limitations had long since elapsed when the appellees filed their complaint, the trial court erroneously entered judgment in their favor. Given that the legislature has decided that the appellees' claims are time-barred, we need not and will not consider the substance of their arguments.