Laurel Sand & Gravel, Inc. v. Wilson

519 F.3d 156, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20062, 2008 U.S. App. LEXIS 4650, 2008 WL 588977
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 5, 2008
Docket07-1046
StatusPublished
Cited by303 cases

This text of 519 F.3d 156 (Laurel Sand & Gravel, Inc. v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laurel Sand & Gravel, Inc. v. Wilson, 519 F.3d 156, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20062, 2008 U.S. App. LEXIS 4650, 2008 WL 588977 (4th Cir. 2008).

Opinion

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge JONES joined.

OPINION

GREGORY, Circuit Judge:

Laurel Sand & Gravel, Inc., a mining corporation, appeals from the district court’s dismissal of its claims on the basis of res judicata and abstention. Since Laurel raised and adjudicated the same claims in a state court proceeding and failed to exhaust its administrative remedies before filing suit in federal court, we affirm the district court’s decision.

I.

In 1991, the Maryland General Assembly enacted the Surface Mine Dewatering Act (“Dewatering Act”) to protect property owners in counties where karst terrain 1 is located from the dewatering of surface mines. The Dewatering Act established zones of dewatering influence for all mines and imposed remedial measures on a miner if a well within the zone of influence failed due to declining ground water or if damage was caused by subsidence. Md. Envir. Code § 15 — 812(a). Specifically, the Dewatering Act provides that a licensed miner within the zone of influence must:

(1) Replace, at no expense to the owner of real property that is affected by the surface mine dewatering, a water supply that fails as a result of declining ground water levels; and (2) upon a determination by the Department of proximate cause after the permittee has received proper notice and an opportunity to respond and provide information, pay monetary compensation to the affected property owner or repair any damage caused as a result of the sudden subsidence of the surface of the land.

Md. Envir. Code § 15 — 813(c). However, the Maryland Department of Environment (“MDE”) may not require a licensed miner to replace water supplies if the miner demonstrates to the MDE by clear and convincing evidence that pit dewatering is not the proximate cause of the loss water supply. Id. § 15 — 813(f). The MDE must also provide the licensed miner the opportunity for a contested hearing. Id. § 15 — 813(g).

The day after the Dewatering Act became law, Laurel Sand & Gravel, Inc. (“Laurel”), a Maryland corporation, engaged in the business of mining limestone and other aggregates in Maryland and West Virginia, along with nine other licensed miners, formed the Maryland Aggregates Association and challenged the constitutionality of the Dewatering Act. In Maryland Aggregates, Inc. v. State of Maryland, 337 Md. 658, 655 A.2d 886 (1995), Laurel facially attacked the constitutionality of the Dewatering Act. Laurel contended that the Dewatering Act’s statutory procedures for resolving claims were constitutionally deficient and that the contested case hearing process violated procedur *161 al due process. The Maryland Court of Appeals rejected Laurel’s constitutional claims and dismissed the case.

In February 2002, eleven years after the law’s enactment, the MDE notified Laurel that a shallow residential well in its zone of influence was dry due to declining ground water. The well belonged to David Thomas (“Thomas well”). MDE informed Laurel that, under the Dewatering Act, it was required to replace the well or lose its mining license for noncompliance. Laurel replaced the well at a cost of $3,000 and initiated a contested case hearing.

At a hearing before an administrative law judge (“ALJ”), Laurel argued that a recent severe drought — not its dewatering operations — was the proximate cause of the Thomas well’s failure. In addition, Laurel argued that Maryland Aggregates violated federal constitutional law. (J.A. 33.) The ALJ found that because Laurel failed to prove by clear and convincing evidence that it was not the proximate cause of water supply loss to the Thomas well, it had violated the Dewatering Act. Laurel filed exceptions to the ALJ’s proposed decision. However, the MDE’s Final Decision Maker adopted the ALJ’s findings and conclusions. Laurel did not seek judicial review of the final decision in the Maryland state courts.

In lieu of seeking judicial review of the administrative decision, a year later, Laurel filed suit in federal district court against Maryland’s Secretary of the Environment, Shari T. Wilson, arguing that the Dewatering Act violates the Due Process and Takings Clause of the United States Constitution. The district court dismissed Laurel’s action on the grounds that: (1) res judicata precluded Laurel from raising the same claims litigated in Maryland Aggregates; (2) Laurel lacked a property interest to sustain a due process and takings claim under the Constitution; and (3) Younger abstention applied.

II.

We review a district court’s decision to grant a motion to dismiss pursuant to Rule 12(b)(6) de novo. Brooks v. City of Winston-Salem, 85 F.3d 178, 181 (4th Cir.1996). A district court’s decision to abstain under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), however, is reviewed for abuse of discretion. Nivens v. Gilchrist, 319 F.3d 151, 153 (4th Cir.2003).

III.

A. Res Judicata

Laurel challenges the constitutionality of the Dewatering Act arguing that § 15 — 813(c) improperly requires it to immediately replace another’s dry well in an established zone of influence. Since this process occurs without a pre-deprivation hearing, Laurel argues that the Dewatering Act violates its procedural due process rights under the Fifth and Fourteenth Amendments of the Constitution. In addition, Laurel contends that the Dewatering Act enforces strict liability by improperly shifting the burden of proof to the miner and that the $3,000 expended in replacing the Thomas well constitutes an unconstitutional taking. Laurel seeks a declaratory judgment, injunctive relief, and damages under 42 U.S.C. § 1983. The district court held that because these claims were litigated in Maryland Aggregates, res judicata and collateral estoppel precluded Laurel from raising them again.

Res judicata, also known as claim preclusion, bars a party from relitigating a claim that was decided or could have been decided in an original suit. Pueschel v. United States, 369 F.3d 345, 355 (4th Cir.2004). The doctrine was designed to pro *162 tect “litigants from the burden of relitigating an identical issue with the same party or his privy and [to promote] judicial economy by preventing needless litigation.” Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979).

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519 F.3d 156, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20062, 2008 U.S. App. LEXIS 4650, 2008 WL 588977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laurel-sand-gravel-inc-v-wilson-ca4-2008.