On April 28, 2026, in City of Chandler v. Roosevelt Water Conservation District, the Arizona Supreme Court held that public entities are not bound by the limitation period of A.R.S. § 12-821 that applies to private plaintiffs.

The underlying dispute arose in 2018 when the Roosevelt Water Conservation District terminated its agreement to provide water to the City of Chandler. After years of attempting to resolve the issue, Chandler sued Roosevelt in 2022. Roosevelt argued that Chandler had lost its opportunity to sue Roosevelt by missing the one-year deadline to file a lawsuit under A.R.S. § 12-821. To counter Roosevelt’s defense, Chandler invoked the doctrine of nullum tempus occurri regi, meaning “time does not run against the king.” Chandler argued that as a public entity, it was a “king” for purposes of this doctrine and therefore had no deadline to bring its lawsuit.

The case turned on whether this doctrine, which does not institute any time limits, or A.R.S. § 12-821, which imposes a one-year limitations period for “[a]ll actions against any public entity or public employee[.]” applies to public entities. In a thorough opinion, the court agreed with Chandler and applied the nullum tempus doctrine. The court first noted that the doctrine has been part of Arizona law since before statehood and referenced prior cases in which it had been applied. Next, the court stated that to overrule the doctrine, there needed to be an “express legislative action.” The court contrasted A.R.S. § 12-821 with other Arizona statutes that specifically require public entities to pursue certain claims within specific time periods. Finally, the court reaffirmed that A.R.S. § 12-821’s limitation applies to actions against a public entity, as distinguished from when a public entity is the plaintiff.