Filed: May 12, 2025
Court: U.S. Court of Appeals for the Fourth Circuit
Case No.: 24-1974
Appellant: Ilonka Aylward (pro se)
Appellees: City of Charlotte et al.
This appeal challenges the dismissal of federal Clean Water Act and constitutional claims arising from a City-run stormwater project that discharged sediment into protected waters, destabilized a federally protected slope, and was permitted using unauthorized signatures and a contract that gagged the engineer.
The case raises questions about:
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Whether a municipal employee with no legal authority can bind the City on Clean Water Act filings
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Why permit coverage was issued to a non-existent entity labeled “Storm Water”
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Whether a gag clause barring an engineer from “casting doubt” on the City complies with public contracting standards
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And why the court dismissed under six procedural doctrines—including Rule 12(b)(6), Rule 8, Rule 15, Rule 41, Burford, and Monell—without reaching the underlying record
📎 Gag Clause – City Engineer Contract Excerpt (Aylward v. Charlotte)
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