Neifert v. Department of the Environment

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that property owners’ “right to receive sewer service is not a right created or established by either the United States or Maryland Constitution”
• holding that property owner failed to establish that denial of permit at issue constituted per se regulatory taking, because property was undevelopable before denial of permits and therefore denial of permits was not “proximate cause” of property being undevelopable
• explaining that “[i]n order to make a successful claim under the Takings Clause, appellants must first establish that they possess a constitutionally protected property interest”
• noting that “the Fifth and Fourteenth Amendments to the United States Constitution and Article III, § 40, of the Maryland Constitution have the same meaning and effect”
• “Causation is a necessary element to establishing a valid takings claim.”
• “Causation is a necessary element to establishing a valid takings claim.”

Source: CourtListener parenthetical corpus (CC0).