Appeals Court Rules Against Ocean City, Remanding Dumsers Case Back For New Trial

OCEAN CITY — Christmas came early for the heirs of the historic building facing possible removal on the east side of the Boardwalk when a state appeals court on Friday ruled against the Town of Ocean City, sending the case back to Worcester County Circuit Court for a new trial.

The building on the east side of South Division Street near the south end of the Boardwalk has been home to different businesses and attractions over the last century-plus after an enterprising young man first built in 1905. Since the 1970s, the iconic building has been home to a Dumser’s Dairyland ice cream parlor that has served the popular treat to generations of residents and visitors to Ocean City.

Ownership of the property was called into question in 2016 after the second of two 25-year agreements between the town of Ocean City and the heirs of the original owner, Nathan Rapaport, who first built the structure back in 1905, expired. In April 2017, a Worcester County Circuit Court judge issued an opinion in favor of the town of Ocean City. As a result of that ruling, the Rapaport heirs were temporarily enjoined from any use of the property and were given a timeline at that time to remove or demolish the historic building.

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