Albano

On June 30, 2011, the Supreme Court of Arizona answered questions that we had certified to that court. Specifically, it determined that the rule of American Pipe & Construction Co. v. Utah, 414 U.S. 538 , 94 S.Ct. 756 , 38 L.Ed.2d 713 (1974), does not toll the statute of repose for construction-defect claims set forth in Arizona Revised Statutes section 12-552. Albano v. Shea Homes Ltd. P’ship, 227 Ariz. 121 , 254 P.3d 360, 366 (2011). It also determined that Arizona’s savings statute, Ariz.Rev. Stat. § 12-504(A), does not operate to save the appellants’ claims. Albano, 254 P.3d at 367 .

Following our receipt of these answers, we allowed the parties to file submissions to address whether there were any issues left to be resolved by this court. The appellees informed us that the Supreme Court of Arizona’s clear responses to the certified questions were determinative of the matters before the court: Appellants’ claims were time-barred. The appellants agree that the Supreme Court of Arizona’s answers definitively resolve their claims. Nevertheless, relying on Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971), they ask that the rules articulated by…