Court Denies OC’s Request For Reconsideration Of Boardwalk Property Ruling

OCEAN CITY — Ocean City’s motion for reconsideration of a state Court of Special Appeals decision in the ongoing Boardwalk property issue was denied this week, exhausting one of the last remedies at asserting ownership of the historic land for the town.

In late December, the Court of Special Appeals issued an opinion asserting the town of Ocean City had not presented sufficient evidence to prove ownership of the iconic building on the east side of the Boardwalk at South Division Street, which, for decades has been home to Dumser’s Dairyland. The town quickly exercised its next possible remedy in the case with the filing of a motion for reconsideration of the Court of Special Appeals opinion handed down in late December.

However, moving in unusually quick fashion, the Court of Special Appeals this week denied the town’s motion for reconsideration. The higher court’s decision to deny the motion for reconsideration was posted on the state’s judicial case search website on Tuesday. Nathans Associates representative Mona Strauss said on Thursday the family received notice of the Court of Special Appeals decision to deny the motion for reconsideration on Tuesday.

“We got notice of the decision regarding the city’s filing for reconsideration,” she said. “It was received before 1 p.m. on Tuesday. I would imagine that the city was also notified at that time. It was an unbelievably short time within which to render the decision. I guess there is a message in that.”

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