Marylander asks SCOTUS to step in after Fourth Circuit demands he petition county legislature before they’ll hear his lawsuit

Washington, DC; July 22, 2026: A Marylander is petitioning the U.S. Supreme Court to hear his case after his local government denied his application for clearance to build an interim well and sewer system for his rural property — then locked him out of state court by claiming the only way he could challenge the denial was to petition the county legislature.

“The government cannot put unreasonable conditions on any citizens’ access to a courtroom. Every American has the right to challenge violations of their constitutional rights, not just the ones local officials find it convenient to respect,” said Jon Houghton, an attorney with Pacific Legal Foundation. “Current ‘takings’ jurisprudence systematically disfavors property owners and relegates property rights to second-class status. We hope the Court grants Mr. Walls’ petition and issues a ruling to reverse that troubling trend.”

In 2019, Garnell Walls applied for a waiver to build interim well and sewer systems on his Brandywine property. Prince George’s County denied his application and stated his only alternative was to petition the county legislature to amend his property’s water and sewer categories — twice.

Walls filed a federal lawsuit, arguing that the County’s denial was a taking under the Fifth Amendment. Lower courts dismissed his suit based on the County’s argument that he could not sue without first petitioning the legislature for change.

Today, represented by Pacific Legal Foundation, Walls filed a petition asking the U.S. Supreme Court to reverse the lower courts’ rulings. His petition argues that the government cannot use the legislative process as an excuse to bar property owners from vindicating their rights in court.

Pacific Legal Foundation represents Walls at no cost. The case is Garnell Walls v. Prince George’s County, et al.