Nullum tempus occurrit regi, sometimes abbreviated nullum tempus, is a Latin phrase that means "no time runs against the king." Today, nullum tempus is a common-law doctrine holding that the statute of limitations does not apply to governmental entities. As a result, governmental entities may initiate certain causes of actions that would be time-barred, if brought by an individual or private company.
Pennsylvania has adopted the nullum tempus doctrine, and courts have repeatedly found that "statutes of limitations are not applicable to actions brought by the Commonwealth or its agencies unless a statute expressly so provides." Delaware County v. First Union Corporation, 929 A.2d 1258, 1261 (Pa. Cmwlth. 2007) (quoting City of Phila. v. Lead Indus. Ass'n, Inc., 994 F.2d 112, 118 (3d Cir. 1993)).
The Pennsylvania Commonwealth Court, however, in a case of first impression, recently held that the nullum tempus doctrine can be waived by a governmental...
