May 14, 2025
Today, we filed a significant federal appeal brief in the Fourth Circuit Court of Appeals on behalf of Garnell Walls, a property owner who has been fighting for over 40 years to develop his land in Brandywine, Maryland. The appeal challenges a district court's dismissal of Mr. Walls's constitutional claim against Prince George's County and seeks to protect his Fifth Amendment right to just compensation.
Mr. Walls purchased his property in 1978 with plans to build a single-family home. After spending more than $38,000 on permits and inspections, the County's Department of Permitting, Inspections and Enforcement repeatedly refused to grant him a waiver to install interim well and septic systems, despite the County's own regulations expressly allowing such waivers. The County informed Mr. Walls that connecting to public utilities would cost between $2.1 million and $2.5 million, making development economically impossible.
The brief argues that the district court wrongly dismissed the case for lack of ripeness, even though County officials made clear they would not approve any waiver application. Managing Attorney Jordan Howlette emphasizes that this case involves fundamental constitutional protections. "No property owner should have their constitutional rights denied through arbitrary government action," said Attorney Howlette. "The Supreme Court has made clear that property owners have immediate access to federal courts when the government takes their property without compensation."
The appeal also challenges the district court's suggestion that it would abstain from hearing the case under federal abstention doctrines, arguing that such abstention is inappropriate when property owners seek monetary damages for constitutional violations.
This case represents an important fight for property rights and constitutional protections in Maryland and across the Fourth Circuit. The case is Garnell Walls v. Prince George's County, et al. (No. 25-1121).