Town of Littleton v. Layne Heavy Civil, Inc.

BERGER, Judge.

*102 *89 The Town of Littleton ("Plaintiff") appeals two orders granting summary judgment in favor of Layne Heavy Civil, Inc. and Layne Inliner, LLC ("Defendant Layne") and Mack Gay Associates, P.A. ("Defendant Mack Gay") in a dispute over a sewer rehabilitation project. The trial court ruled in favor of all Defendants because the applicable statutes of limitation barred each of Plaintiff's claims. Plaintiff argues that the trial court erred because the sewer project was a governmental function to which statutes of limitation would not apply under the doctrine of nullum tempus .…