Background
Frank Washington, as trustee of the alleged Scott Cemetery, sued Prince William County, its Board of Supervisors, and International Investments, LLC. The dispute arose after the County sold a parcel of property containing the alleged cemetery to recover unpaid taxes. Washington sought to recover unpaid taxes and alleged violations of state law and constitutional takings provisions.
The court’s reasoning
The court reviewed the district court’s dismissal de novo and the denial of leave to amend for abuse of discretion. It found that Washington could not maintain a claim under Section fifty-seven point twenty-seven point one in his capacity as trustee. Regarding the inverse condemnation claim, the court noted that Washington alleged neither a constitutionally protected property interest nor a taking. Finally, the court held that the district court did not abuse its discretion in denying leave to amend because Washington did not move for leave to amend or file any proposed amendment.
What it means going forward
The decision reinforces that plaintiffs must properly plead a constitutionally protected property interest to survive dismissal in inverse condemnation cases and that courts may deny leave to amend when no motion is properly filed.
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