GAIL B. LITZ v. MARYLAND DEPARTMENT OF THE ENVIRONMENT, et al.
Court of Appeals, Harrell, Filed Jan. 22, 2016,
Eminent Domain – Inverse Condemnation – “[A]n inverse condemnation claim is pleaded adequately
where a plaintiff alleges a taking caused by a governmental entity’s or entities’ failure to
act, in the face of an affirmative duty to act”

(Dissent by Watts, Battaglia, McDonald – would hold that there should be an affirmative act rather than an ommission in order to constitute a taking)

(I know — it’s not criminal law, but I thought it was a rather interesting bit of judicial policymaking)

So… Flint might have some difficulty under that ruling