Litz v. Dep’t of Env’t

Petitioner operated a lake-front recreational campground on her property in Caroline County. The lake was contaminated allegedly by run-off from failed septic systems serving homes and businesses in the Town of Goldsboro. Unable to operate the campground because of the pollution to the lake, Petitioner lost the property through foreclosure. Petitioner filed a complaint for Caroline County against the State and several of its entities, alleging inverse condemnation against all Respondents and trespass against the Town. The circuit court dismissed the complaint as to all Respondents. The court of special appeals affirmed. The Supreme Court remanded, concluding that the court of special appeals erred in affirming the dismissal of Petitioner’s causes of action for negligence, trespass, and inverse condemnation on the grounds of limitations. On remand, the court of special appeals concluded that the circuit court properly dismissed the State and its agencies but erred in dismissing the three claims against the Town. The Court of Appeals reversed in part and affirmed in part, holding that Petitioner adequately alleged a facial claim for inverse condemnation against all Respondents and that a claim for inverse condemnation is not covered by the notice provisions of either the Local Government Tort Claims Act or the Maryland Tort Claims Act. View "Litz v. Dep’t of Env’t" on Justia Law