Preview:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SAMUEL HARRISON, et al. v. CHAD MCNEILL, et al. : : : : :

Civil No. CCB-07-3399

MEMORANDUM Samuel Harrison, Rosalee Harrison, and Anita Harrison (collectively, "the Harrisons") have sued Chad McNeill and Ronetta McNeill ("the McNeills") for various property and personal torts. The Harrisons have also sued Anne Arundel County and various county officials for state and federal constitutional violations and gross negligence. Now pending before the court is a motion to dismiss filed by the county defendants. The issue has been fully briefed and no hearing is necessary. See Local Rule 105.6. For the reasons articulated below, the motion will be granted as to the federal constitutional claims, and the remaining claims will be remanded to the Circuit Court for Anne Arundel County.

BACKGROUND The case stems from a dispute between the Harrisons and the McNeills, who own two adjacent parcels of land in Severn, Maryland. Because this arises in the context of a motion to dismiss, all factual allegations in the Harrisons' amended complaint will be taken as true. In August 2005, the McNeills began clearing a large number of trees from their property in violation of the county code, which requires that a permit be obtained before performing such work. The Harrisons complained to the Anne Arundel Department of Inspections and Permits 1

("the Department"), but did not receive a response. In September 2005, the McNeills obtained a permit for, and constructed, a garage structure on their property. The Harrisons state that the McNeills' garage is used as a barn for horses and ponies, violating county code requirements that such structures be placed a certain distance from the property line. At some point after September 2005, the McNeills dumped fill dirt into a storm drainage channel which crossed both properties; the channel had been conveyed to Anne Arundel County prior to the Harrisons' purchase of their property in 1978. In February 2006, the McNeills constructed a driveway on a corner of their property, raising the land to such a level that it altered the flow of rainwater onto the Harrison property; this work was done without the required permits. The Harrisons repeatedly complained to the Department about the McNeills' failure to obtain a permit for the driveway construction, but were not satisfied with the response. In April 2006, defendant Chuck Matheny ("Mr. Matheny"), the Supervisor of Environmental Programs at the Department, met with both the Harrisons and with Mr. McNeill, and instructed the McNeills to remove the excess dirt and grade their property to the level of the Harrison property. Several visits from county officials followed, during which Mr. Matheny issued a stop-work order to the McNeills for lack of code compliance and told the McNeills to reopen a certain portion of the storm drainage channel, lower the grade behind the garage, and stabilize bare areas with mulch and seed. Mr. Matheny also ordered the McNeills to retain a surveyor in order to bring the driveway into compliance with a required public easement. The McNeills have not complied with these requirements, and during the summer of 2006 hostilities between the two families escalated. Among other things, the Harrisons filed a complaint with the Department about the improper use of the McNeills' garage; the Harrisons

2

claim that although two Department officials agreed that the garage violated county code provisions, the McNeills have not been cited for such violations. The Harrisons also state that the McNeills trespassed on their property while digging a trench and threw a shovelful of dirt at them. In May 2007, the Harrisons sued the McNeills in the Circuit Court for Anne Arundel County. Approximately six months later, the Harrisons filed an amended complaint adding the County and County officials in their official capacities. The complaint raises claims of private

nuisance, trespass, negligence, conspiracy and intentional infliction of emotional distress against the McNeills, and deprivations of federal and state constitutional rights against the county defendants, along with an allegation of gross negligence or malice. The case was removed to federal court in December 2007 on the ground that the section 1983 claims raised a federal question. The county defendants have now moved to dismiss the complaint, arguing that the plaintiffs have failed to state a claim under

Download Samuel Harrison v. Chad McNeill.pdf

Maryland Law