Stonelight Tile, Inc. v. Bay Area Air Quality Management District

MEMORANDUM **

Plaintiffs-appellants, Stonelight Tile, Inc. (“Stonelight”) and David Anson, President of Stonelight, but as an individual, brought this action against Bay Area Ah’ Quality Management District (“District”) and unnamed defendants referred to as Does 1 through 100 alleging that the District did not properly monitor and enforce air quality standards, thereby causing damages to plaintiffs. The plaintiffs sued on six causes of action: 1) deprivation of civil rights, pursuant to 42 U.S.C. § 1983 ; and five claims under state law for 2) intentional interference with economic relationship; 3) negligent interference with *751 economic relationship; 4) fraud; 5) intentional infliction of emotional distress; and 6) negligent infliction of emotional distress. The district court granted summary judgment in favor of the defendants on statute of limitations grounds and plaintiffs bring this appeal. We affirm dismissal of the state claims, items two through six above, as barred by the statute of limitations but reverse dismissal of the federal claim for deprivation of civil rights under § 1988.

Considering first the federal claim for deprivation of civil rights, the record…