The statute also fixed a limitation period in which a plaintiff could sue the city, and the city argued the limitation period had expired. Finally, the city argued that the damages sought were considered to be "pure economic loss," which at law were generally not recoverable.
The law established a deadline for suing the city, and the city argued that the deadline had passed. They also argued that the requested damages were categorized as "pure economic loss" and therefore not eligible to be recovered under the law.