“You Snooze, You Lose” – Don’t sit on Your Rights.

A recent unpublished court of appeals case serves as a reminder that statutes of limitations and other statutory and regulatory deadlines are (almost always) non negotiable. In Tsamardinos, v. Town of Burlington, the Tsamardinos brought suit against the Town because of water drainage allegedly caused by deficient storm water runoff design of a town road and some subdivisions with the drainage area of the road. Although the Tsamardinos brought a number of, arguably, substantive claims regarding taking without compensation, nuisance, trespassing, etc., the circuit court never reached the merits of the case, finding instead that the claims were time barred. The appeals court affirmed.