Maryland | Constitutional Law
Legal Question
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?
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