OCEAN CITY — Unwilling to let go of a fight asserting ownership of the iconic Dumser’s property on the east side of the Boardwalk, Ocean City officials this week filed an appeal to have the case heard by the state’s highest court.
Ocean City this week filed a petition for writ of certiorari with the Court of Appeals, essentially asking the state’s highest court to take up the case in which it had been defeated twice by the Court of Special Appeals. 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. However, moving in unusually quick fashion, the Court of Special Appeals denied the town’s motion for reconsideration, leaving the last resort for the town a request to ask the higher Court of Appeals take up the case.