Selby Community Association

Selby on the Bay's 1938 Perpetual Injunction

                                                       COPY OF INJUNCTION

HOWARD R. ROBEY AND                                                        No. 7457 EQUITY

FRANCES S.ROBEY, his wife

                 Vs.                                                                               In the

WILLIAMS REALTY CO., INC.                                                CIRCUIT COURT FOR

A BODY CORPORATE                                                             ANNE ARUNDEL COUNTY                                                                                       ORDER OF COURT

The above case coming on for argument on Bill, Answer and Testimony and the case having been fully argued, and the proceedings read and considered, it is thereupon this 31st of March, 1938 ORDERED adjudged and decreed by the Circuit Court of Anne Arundel County and the defendant, its successors and assigns be, and they are hereby perpetually enjoined from placing any restraint upon the use by Howard R. Robey and Frances S. Robey, and all other lot owners in Selby-on-the-Bay similarly situated, to the free and unobstructed use of the "Community Beach and Park" and the easement therein, extending from Arundel Avenue on the North to Section K-50 on the South shown on Plats filed in this case as Examiner's Exhibit "AA" and "BW"; and it is further adjudged, ordered and decreed that the Defendant, the Williams Realty Company, Inc., a body corporate, it's successors and assigns be, and they are hereby perpetually enjoined from using any portion of the land lying between Arundel Avenue on the North to Section K-50 on the South, and from First Avenue on the West to Selby Bay on the East, all as shown on the Plats filed in this case as Examiner's Exhibit's "AA" and "BW", as a commercialized bathing beach; and it is further adjudged, ordered and decreed that the Defendant, the Williams Realty Company, Inc., a body corporate, its successors and assigns be, and they are hereby perpetually enjoined from selling, free of said easement or servitude, any property located within the boundaries as afore-said.

And it is further decreed that a Writ of Perpetual Injunction be accordingly issued and that the cost of these proceedings be paid by the said Williams Realty Company, Inc., a body corporate.

LINWOOD L. CLARK, Judge

• History of our Perpetual Injunction

• Property Owners Rights

• 1937 Subdivided Beach Plat

• Opinion of Court

• 1938 Perpetual Injunction

• Motion to Dismiss Appeal

• Our Current Situation

• 2001 Order Enforcing the Injunction

• Return to SCA

• Return to Main Index

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Last updated 8/26/99.