How long does one have to bring a lawsuit alleging a violation of the TOMA?
The length of time one has to bring a lawsuit is the limitations period. If one waits longer that the limitations period, the court will usually throw out the case. The TOMA does not have a limitations period within the act. Therefore the limitations period is governed by the general four year statute of limitations period contained in Section 16.051 of the Texas Civil Practices and Remedies Code. This is one of the holding of Rivera v. City of Laredo, 948 S.W.2d 787, 793 (Tex. App.–San Antonio 1997, denied). However, just because one has four years from the date of the illegal meeting to bring the lawsuit, that does not mean one gains any advantage in waiting that long. As a practical matter, the sooner the lawsuit is brought, the better one’s chances of gathering needed evidence and witnesses.
