March 18, 2016

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Status of Lawsuit

Neighbors:

The Property Owners Association of Arundel on the Bay, Inc., has recently been sued by two of our members. You may read underlying documentation for yourselves, which are posted on our website. Click here.

To summarize, in the lawsuit, the Atterbearys and Cobles, who live, respectively, on the north and south side of the street end at Magnolia Avenue and the Chesapeake Bay, seek a Court Order that they are the absolute owners of the portions of Chesapeake Walk and Magnolia Avenue that adjoin their properties, subject to a limited easement for the Association and its members for pedestrian ingress and egress only.

The Cobles further seek a Court order of exclusive title to and use of a small strip (8 by 225 feet) of Magnolia Avenue that adjoins their lot, and apparently, to exclude the Association and its members of any use of that 1,800-square-foot portion of Magnolia Avenue that they claim as their own.

Both plaintiffs claim that the Association and its members' use of Magnolia Avenue and Chesapeake Walk for recreational purposes outside of pedestrian ingress and egress (including recreational uses like fishing and watching July 4th fireworks and the Blue Angels) is a trespass and seek to exclude all recreational use of the portions of Magnolia Avenue and Chesapeake Walk that bind their properties. They also each seek costs of the proceedings.

Over the past two years, your officers and board members have engaged in settlement discussions with the Atterbearys and Cobles without success. Upon being served with the litigation papers on March 2, 2016, your officers and Board unanimously voted to vigorously defend our community's rights against these unacceptable claims, which may require significant budget reprogramming.

We will keep you informed of any major developments and encourage all of you to attend our Saturday, April 23, 2016, General Membership meeting to be held at the Annapolis Neck (Hillsmere) branch of our County library from 10:00 - 11:30 a.m. for further discussions.

David J. Delia, president, POA-AOTB
1375 Walnut Avenue
Annapolis, MD 21403-4741
H: 410-268-8622
C: 443-534-7229