Background
Plaintiffs Collision Towing and Auto Body, LLC, and Cornelius Woods challenged an adverse summary judgment award to Prince George’s County. The underlying dispute involved the County exercising police powers to abate a public nuisance on a parcel of real property owned by the plaintiffs. While the plaintiffs alleged additional claims regarding equal protection and due process, they focused their appeal solely on the Fifth Amendment regulatory takings claim.
The court’s reasoning
The court reviewed the award of summary judgment de novo. It determined that viewing the facts in the light most favorable to the nonmoving party, there was no genuine dispute as to any material fact. The court found that the district court cogently analyzed the parties’ contentions and correctly awarded summary judgment to the County on the Fifth Amendment regulatory takings claim.
What it means going forward
The decision affirms the lower court’s ruling that the County’s actions did not constitute a compensable taking under the Fifth Amendment in this instance.
Podcast (federal-narrative-summaries): Play in new window | Download