SONOMA LUXURY RESORT LLC v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BD.

Nos. A165227, A165256.

96 Cal.App.5th 935 (2023)

SONOMA LUXURY RESORT LLC, Plaintiff and Appellant, v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, NORTH COAST REGION, Defendant and Respondent. SONOMA LUXURY RESORT LLC, Plaintiff and Appellant, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

October 25, 2023.


Attorney(s) appearing for the Case

Edlin Gallagher Huie + Blum, Michael E. Gallagher, Jr. , Fred M. Blum and Christopher J. Dow for Plaintiff and Appellant.

Rob Bonta , Attorney General of California, Robert W. Byrne , Assistant Attorney General, Myung J. Park , Matthew G. Bullock and Lindsay N. Walter , Deputy Attorney Generals, for Defendants and Respondents.


OPINION

The principal question we address in these consolidated appeals is whether a plaintiff challenging an agency's adjudicative decision may avoid the otherwise-applicable statute of limitations if the plaintiff contends that the agency acted without subject matter jurisdiction. We conclude that where, as here,...

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