The Court of Special Appeals, in its ruling on Dec. 21, declared that Nathan’s Associates is the owner of the property on the east side of the Boardwalk, located at 601 S. Atlantic Avenue that houses Dumser’s Dairyland.
Despite what has been previously reported in various media, there is no remand back to Worcester County for the purpose of a re-trial. The only purpose of the remand is for the circuit court to enter a new order (as stated below) “consistent with this opinion.”
Judgement of the Circuit Court for Worcester County reversed: costs to be paid by the mayor and city council of Ocean City. Case remanded for entry of an order consistent with this opinion.
This new order negates the prior 2017 order to vacate and tear down the building.
We are extremely pleased that the Court of Special Appeals has reversed the prior ruling and are so very grateful that the public reaction to this decision has been so overwhelming positive.
Also, it is very gratifying to know that a public that has been so supportive of the Timmons and Rapoport families in the past is as pleased about this decision as we are.
Although Ocean City has no right to appeal this matter further, it can request that the state’s top court consider taking the case.
The appellate court has ruled in favor of Nathan’s and Dumsers. Over 13,000 people have signed the petition asking Ocean City to drop this matter and we hope Ocean City will now listen to the public and end this matter.
Wishing all of our supporters and our community a joyous holiday season and all the best in the coming year.