Ancala Holdings, L.L.C. v. Price

I agree with the majority’s finding that the district court properly dismissed Ancala’s claims as to the Barton fees. However, I disagree with the majority’s finding that the district court properly dismissed Ancala’s claims for breach of failure to operate the golf course as a premium private country club. For this reason, I respectfully dissent.

It is a generally recognized principle that “where a contract provides for continuing performance over a period of time, each breach may begin the running of the statute anew such that accrual occurs continuously.” 54 C.J.S. Limitations of Actions §…