SNOW HILL – The named parties in a lawsuit against the association and its board of directors await a court ruling on a preliminary injunction request.
In an evidentiary hearing held last Thursday, Worcester County Circuit Court Judge Beau Oglesby set a 25-day timeline, beginning Aug. 26, to rule on a preliminary injunction request that, if approved, would enjoin the Ocean Pines Association (OPA) from enforcing a 90-day amenity ban against former director Tom Janasek as his lawsuit makes its way through the court system.
The hearing, which included hours of testimony from several witnesses, was held last week following Oglesby’s encouragement to have both parties reach some resolution.
“My general thought is the time and expense, and having a merits hearing, could be costly to the association and Mr. Janasek,” he said. “I was also made aware there’s a new board of directors. The old board’s thoughts may differ from the new board’s thoughts.”
Oglesby also suggested the hearing be postponed to give the new board time to speak with the association’s attorney.
“If there is an opportunity and ability for reasonable people to make a compromise … that may be a better road to walk down and explore,” he said.
Janasek’s attorney, Bruce Bright, noted that the three directors who voted to ban Janasek from the community’s food and beverage amenities were no longer on the board following a recent election. However, the association’s attorney, Megan Mantzavinos, said her clients wanted to continue with the hearing.
“I have discussed it with my clients, and they want to proceed,” she said.
In June, the Ocean Pines Association Board of Directors voted 5-2, with Directors Doug Parks and Rick Farr opposed, to ban Janasek from the Yacht Club, Golf Clubhouse and Beach Club for 90 days following an altercation between Janasek and former director Josette Wheatley at the Yacht Club Tiki Bar.
Later that month, however, Janasek filed suit in Worcester County Circuit Court seeking declaratory judgement and injunctive relief.
“Plaintiff respectfully requests that the Court make a determination and declare … that the reported ‘ban’: violates the OPA governing documents; is not authorized by any provision of OPA governing documents; is not consistent with or authorized by any property adopted OPA rules or regulations’ is beyond the scope of the Board’s authority/power; violates and contravenes Plaintiff’s property rights and interests, as contractually and legally established in the OPA governing documents; is arbitrary and capricious; and is motivated by personal animus and ill will toward Plaintiff,” the complaint reads.
While the complaint asserts that the ban is not authorized by any provision of the association’s governing documents, board members in June argued the decision to ban Janasek from food and beverage amenities was a matter of safety.
“Our governing documents do give us the authority to provide for the safety at our amenities, not only for members of the association but anyone who comes to our amenities,” former director Larry Perrone said at the time. “And while there are some contradictions in the bylaws, the bylaws clearly state that we have a right and obligation to provide for safety at our amenities.”
The board’s decision to ban Janasek from the association’s food and beverage amenities resulted from an altercation between Janasek and Wheatley on the evening of May 20. While at the Yacht Club Tiki Bar, Janasek reportedly launched into a verbal tirade over Wheatley’s vote to elect the next association president.
Janasek was ultimately escorted from the property, and Wheatley has since obtained a peace order preventing Janasek from contacting her for a period of six months.
In June, however, Janasek filed suit against the association and four board members – Colette Horn, Frank Daly, Amy Peck and Perrone – arguing that the imposed ban was not only a violation of the community’s governing documents but prohibited him from doing business as an independent contractor for AC Beverage, which services bar equipment at Ocean Pines food and beverage facilities.
Ultimately, the complaint seeks declaratory judgement from the court and a preliminary injunction against the enforcement of the ban, as well as less than $75,000 in damages.
A hearing, held last week after being postponed for nearly two months, gave both parties an opportunity to present their arguments in court. A temporary restraining order (TRO), which prohibits the board from enforcing the ban until the court rules on the preliminary injunction, has been extended as both parties await Oglesby’s ruling.
“The request for preliminary injunction asks the Court, essentially, to extend the TRO during the full duration of this case …,” Bright said in a statement late last week. “Closing arguments by counsel will be given to the Court by written memoranda, to be filed over the next 25 days.”
He continued, “The Court will rule on the preliminary injunction some time thereafter. In the meantime, the TRO (enjoining OPA from enforcing the purported ‘ban’) remains in place.”
