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Trial begins today in floodplain takings case against Prince George’s CountyDistributed by EIN Presswire
Martin Berman’s Section 1983 claim alleges a 1989 County floodplain determination kept three Brandywine lots from being developed for more than 30 years.
Shortly after purchasing the three lots, Berman’s filings allege that he entered into a contract to sell one lot for $150,000. But Berman claims that he had to terminate the contract because of the County’s floodplain determination. Berman’s opposition to summary judgment, filed August 10, 2026, cites the County’s written discovery responses served April 21, 2026. According to that filing, the County responded that after reasonable inquiry it had not located the following: documentation describing the methodology or criteria used for the determination; records establishing what hydrologic or hydraulic analysis or engineering study was relied upon; records of communications with FEMA regarding any discrepancy with the federal flood map; or records establishing whether the designation was formally rescinded, modified, or superseded. The opposition further states that, when asked to identify each economically viable use available to Berman notwithstanding the designation, the County identified none. The opposition also cites records of the Maryland-National Capital Park and Planning Commission stating that the three lots are not currently designated, and have never been designated, as lying within a 100-year floodplain or any other flood-related overlay zone. It further cites Maryland Department of Assessments and Taxation records assessing each lot at a total value of $400. The complaint alleges that Berman first had reason to question the 1989 determination in or around January 2023, after he observed development in the surrounding area and began investigating the permitting history of neighboring lots. He filed the action on April 2, 2025. In its motion for summary judgment, the County argued that Berman’s claim accrued in October 1989 and expired under Maryland’s three-year limitations period. It argued in the alternative that the record establishes no final governmental decision. It also argued that Berman cannot satisfy the categorical takings standard announced by the Supreme Court in Lucas v. South Carolina Coastal Council, and that he cannot establish the investment-backed expectations addressed in Penn Central Transportation Co. v. City of New York. Berman’s opposition argued that those questions, including when he knew or reasonably should have known of his claim and what use of the property remained, are for the trier of fact.“Martin Berman bought these lots to build homes, and for more than three decades he has not been able to due to an erroneous floodplain determination made by Prince George’s County,” said Jordan D. Howlette, Managing Attorney of Justly Prudent, which represents Berman. “Today he has the opportunity to present that record in court.
”The case is Martin Berman v. Prince George’s County, Maryland (Case No. C-16-CV-25-001783), filed in the Circuit Court for Prince George’s County, Maryland. Lars KronerJustly Prudent+1 202-921-6080 email us here Visit us on social media:LinkedInInstagramFacebook Legal Disclaimer:EIN Presswire provides this news content “as is” without warranty of any kind. We do not accept any responsibility or liabilityfor the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in thisarticle. If you have any complaints or copyright issues related to this article, kindly contact the author above.
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