Real Property – Inverse condemnation claim over cemetery is dismissed

Where the trustee for a cemetery alleged that a cemetery exists on a parcel of property that Prince William County sold to a private company, his inverse condemnation claim was dismissed. He alleged neither a constitutionally protected property interest nor a taking.

Background

Frank Washington sued Price William County, its board of supervisors and International Investments LLC, alleging that a cemetery exists on a parcel of property that Prince William County sold to International Investments. The district court dismissed the suit.

On appeal, Washington limits his arguments to three claims from the second amended complaint: (1) a claim that International Investments violated Virginia Code § 57-27.1, which provides a cause of action for certain individuals denied access to cemeteries located on private property; (2) an intentional infliction of emotional distress claim against International Investments and (3) an inverse condemnation claim under the United States and Virginia Constitutions, premised on the county defendants’ sale of the property on which the cemetery is allegedly located.

Analysis

After careful review of the record and the parties’ briefs, this court is satisfied that dismissal without leave to amend was appropriate. Washington cannot maintain a claim under § 57-27.1 in his capacity as the alleged cemetery’s trustee.

As for his inverse condemnation claim, Washington has alleged neither a constitutionally protected property interest nor a taking. Lastly, the district court did not abuse its discretion in denying further opportunity to amend because Washington did not move for leave to amend or file any proposed amendment with the court.

Affirmed.

Washington v. International Investments, LLC, Case No. 25-1884, May 27, 2026. 4th Cir. (per curiam), from EDVA at Alexandria (Alston, Jr.). Patrick R. Corish, J. Chapman Petersen, Ahmed J. Davis and Laura C. Whitworth for Appellant. Robert Skoff for Appellees Prince William County and Prince William County Board of Supervisors. Matthew A. Westover, Michael J. Kalish and Mark C. Looney for Appellee International Investments, LLC. VLW 026-2-191. 4 pp.

Full-Text Opinion
VLW 026-2-191