Legal Question in Constitutional Law in Maryland

Is a County Liable for Breaking its Own Regulations

My county's department of planning and zoning awarded a non-conforming building permit to my neighbor. (1 of 6 ''mistakes'') It is a 2400 sq ft, 2 story garage where a 800 sq ft garage is allowed - 10 ft from my property line. The structure now has a stop work order on it, although it's exterior is nearly complete (allowed to go from 30% to 95% complete by dept of licenses to ''protect the structure'' while the stop work order was in effect). The building has a very bad effect on my property value, and I have unsuccessfully spent $20k to screen it. About $55 K additional would be required. The county has admitted it wrongfully granted the permit ( in late JULY), but has done nothing to cause the structure to be torn down or reimburse myself or my neighbor. I've been told I can't sue the county because of ''sovereign immunity.'' The county attempted to change the zoning regulations to legitimize the property retroactively, but the county council tabled the bill. The county executive is in his final term, so he isn't afraid of the media.

Since the county publicly admitted it violated its own zoning regulations, is this a crime that should go to the state's attorney? Can I sue? Is there any other legal approach?


Asked on 10/21/04, 1:03 pm

2 Answers from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Is a County Liable for Breaking its Own Regulations

Local governments are not completely exempt from suits, but there are deadlines for when the County has to be put on notice before filing suit. It is probably best to promptly contact an attorney practicing in the County at issue. Also, if you can prove a loss of property value before and after, I believe you possibly can sue for damages, although their having been issued a permit may be a defense.

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Answered on 10/21/04, 8:31 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Is a County Liable for Breaking its Own Regulations

What you need to do is to retain an attorney to properly advise you. You don't provide enough details here.

Ordinarily, if zoning changes are being contemplated, the public and interested parties will have notice of the proposed changes and there will be an opportunity to challenge the changes. If you lose your challenge, there should be/should have been a right to appeal the zoning board's determination.

You state the county has admitted that it "wrongfully granted the permit." How was this communicated? Did you obtain a ruling that the permit was wrongfully granted? Did you obtain a ruling that the permit was revoked? It is possible that even if wrongfully granted initially, once a structure is substantially completed, the builder of the structure may have a right to retain the structure, even if it is later determined the permit was wrongfully granted. These are the kinds of questions your attorney can help you with.

Whether or not "sovereign immunity" does or does not apply depends on the specific facts of your situation. "Someone" told you that it did, but was that someone an attorney you retained, who confirmed the basis for his/her opinion in writing?

If you have reasonable cause to believe that a crime has been committed, you can report the crime to the police or the state's attorney's office.

Your case is complicated by the fact that you do not indicate your basis for believing that the structure has significantly reduced your property's fair market value, or if so, by how much. Even if you could prove you were legally wronged, you still have to prove the amount of your damages.

You may have civil causes of action against the county, employees of the county, and/or your neighbor. Consult an attorney.

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Answered on 10/25/04, 8:01 am


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