Mayer Unified School District v. Winkleman

In Mayer Unified School District v. Winkleman, 219 Ariz. 562, 201 P.3d 523 (2009), the Districts sued, among others, the Commissioner and asserted various claims arising out of the Commissioner's failure to obtain compensation for the 09 Easements. 219 Ariz. at 564, P 5, 201 P.3d at 525. The supreme court held the Districts' claims were time-barred under the applicable one year statute of limitations. Id. at 567, P 21, 201 P.3d at 528; see A.R.S. 12-821 (2003). The court explained that although the Enabling Act violations had occurred when the 09 Easements were granted without compensation, the Districts' claims had accrued in 1967 when the United States Supreme Court issued its decision in Lassen v. Arizona ex rel. Ariz. Highway Dep't. Mayer, 219 Ariz. at 567, P 18, 201 P.3d at 528. In so holding, the court rejected the Districts' argument their claims were not time-barred because the Commissioner, as trustee of the state land trust, had an ongoing duty to remedy violations of the Enabling Act, and the Commissioner's failure to obtain compensation constituted a continuing violation, creating a new claim "each moment that the Commissioner fails to obtain value for the easements." Id. at 567, P 19, 201 P.3d at 528. The court held the Enabling Act violations "occurred once, when the 09 easements were granted, even though the cause of action did not accrue until 1967." Id. at 567, P 20, 201 P.3d at 528.