UPDATE: Ocean City Loses Boardwalk Property Case; With Appeals Court Ruling, Circuit Court Must Change Decision

OCEAN CITY — The heirs of the historic Dumser’s Dairyland building on the east side of the Boardwalk got an early Christmas present late last week when a state appellate court ruled against the town of Ocean City in its bid to potentially have it removed.

The state’s Court of Special Appeals last Friday reversed an April 2017 ruling by the Worcester County Circuit Court, opining the town of Ocean City had not presented sufficient evidence to prove ownership of the historic building on the east side of the Boardwalk at South Division Street, which, for decades has been home to the iconic Dumser’s Dairyland. With essentially the mere formality of remanding the case back to Worcester County Circuit Court to adjust its 2017 opinion to reflect the state appellate court’s opinion issued last week, there was some measure of closure in the long-battled case for the property’s heirs, who, along with their legions of supporters, were grateful for the outcome.

“We are extremely happy that the Court of Special Appeals has reversed the prior opinion and we are also very grateful that the public reaction to this decision has been so overwhelmingly positive,” Nathans Associates spokesperson and family member Mona Strauss said in a letter to the editor to be published in this publication on Friday. “It is very gratifying to know that the public that had been so supportive of the Timmons and Rapoport families in the past is as pleased about this decision as we are. The appellate court has ruled in favor of Nathans and Dumsers.”

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