OCEAN CITY — As expected, no action will be taken on the iconic building on the east side of the Boardwalk currently home to Dumser’s Dairyland after the Maryland Court of Special Appeals last Thursday granted a motion to stay the enforcement of certain deadlines until the appeal runs its course.
Ownership of the historic building was called into question last year after a 50-year agreement expired between the town of Ocean City and the heirs of the original owner, Nathan Rapoport, who built the first structure on the site in 1912. After a trial last April, a Worcester County Circuit Court judge issued an opinion essentially ruling in favor of the town of Ocean City. As a result, the Rapoport heirs, now Nathans Associates, were enjoined from any of use of the property after October 31 and would be required to remove or demolish the building before the end of this year.
Nathans Associates filed a motion to stay the enforcement of those deadlines in Worcester County Circuit Court, but Circuit Court Judge Dale Cathell denied the motion two weeks ago. A similar motion was filed by Nathans Associates in the Court of Special Appeals and on Thursday, the higher court granted to motion to stay. It’s important to note the Court of Special Appeals’ decision on the motion was made in part because the town of Ocean City made no objection to the motion.
“Upon consideration of the appellant’s motion to stay pending appeal, and the appellee’s response to the motion indicating that it does not oppose the granting of a stay, it is ordered by the Court of Special Appeals that the motion to stay pending appeal is hereby granted and it is further ordered that the operation of the circuit court’s July 18, 2017 judgment be, and is hereby, stayed pending a decision in the appeal or further order of this court,” the Court of Special Appeals’ brief, one-page order issued on Thursday reads.
In simpler terms, there will be no enforcement of the Circuit Court’s deadlines for the Nathan building that hosts Dumser’s Dairyland on the east side of the Boardwalk at S. Division Street, including an order to vacate the property by Oct. 31 and remove or demolish it by Dec. 31 until the appeal runs its course. The appeal will likely be decided upon sometime next year.