Justia Construction Law Opinion Summaries

A landowner submitted a site development plan to the county planning board, proposing to construct a mixed-use condominium building. Joel Broida, who lived across the street from the landowner's parcel of land, filed a motion to deny approval of the site development plan. The planning board approved the plan. Broida appealed. A hearing examiner dismissed the appeal, holding that Broida lacked standing. Broida appealed. The board of appeals (Board) split evenly on the issue of Broida's standing and decided to re-vote at a later date. The landowner then filed a complaint for a declaratory judgment, declaring that the Board's split decision was final and required the appeal to be dismissed. The circuit court granted summary judgment in favor of the landowner. The court of special appeals reversed, holding that Broida had standing to appeal. The court therefore did not address whether there was a final Board decision. The Court of Appeals reversed, holding (1) there was no final administrative decision and, therefore, the landowner failed to exhaust its administrative remedies; and (2) because there was no final administrative decision, the lower courts erred in reaching the merits of the case, and the declaratory judgment action should have been dismissed. Remanded. View "Renaissance v. Broida" on Justia Law

In this lawsuit, one of several suits alleging construction defects in homes located in a Shea Homes planned community, plaintiffs Albert Albano and other homeowners appealed to the circuit court from the district court's summary judgment dismissing their construction-defect claims against Shea Homes as barred by Arizona's statute of repose. The plaintiffs were three homeowners not allowed to join a previous putative class action against Shea Homes. On appeal, plaintiffs contended that the district court erred in failing to apply American Pipe v. Utah, which tolls the applicable statute of limitations for non-named class members until class certification is denied, to the period between the filing of the previous putative class action lawsuit and the denial of class certification. The Supreme Court accepted jurisdiction to answer the certified question of whether the American Pipe tolling rule would also apply to a statute of repose. The Court held that the class-action tolling doctrine does not apply to statutes of repose, and more specifically, to the statute of repose for construction defects. View "Albano v. Shea Homes Ltd." on Justia Law

Respondents Dr. Rajbir Sarpal and his wife Carol purchased a parcel of property in 2003 on which they built their home. The property was encumbered by two easements reserved by the City of North Oaks for a future trail. The Sarpals wanted a shed on their property, and in 2006, went to the City to obtain the necessary permits. A City employee gave Dr. Sarpal an "as-built" survey in order to obtain the necessary permits, but the survey was dated to a time before the Sarpals' home was built. Dr. Sarpal, acting as his own general contractor, drew up the plans, submitted them to the requisite authorities, and built the shed on his property. He would later find out that the shed encroached on the City's two easements. Dr. Sarpal petitioned the local zoning board for a variance in order to save the shed, but was denied. The City sued to have the shed removed. The court dismissed all of the City's claims, holding that because the Sarpals relied on the survey given to them by the City, the City was equitably estopped from suing for the easements now. The appellate court affirmed the lower court's decision. The Supreme Court held that when a government entity makes a "simple mistake" when providing a document to a party upon which the party relies to obtain building permits and the government approves that permit, the mistake is not wrongful conduct sufficient to support the conclusion that the government is equitably estopped from enforcing its zoning ordinances.