Selby Community Association
Selby on the Bay Community's Legal Battle
The 1930's to mid-1990's - Past and Present 'Ownership'* of the Clubhouse.
The fight between William's Realty and the Robey's unified the community behind the original lawsuit filed by the Robey's. In effect the legal battle established the first organized community organization in Selby on the Bay - the Selby on the Bay Citizens Association.
This group of neighborhood residents established control over the Clubhouse and Beach area in 1931-32. After his last appeal was denied, Mr. Williams and William's Realty never attempted to bother the community about the Clubhouse, Beach and Park area. He resigned to selling real estate through his company. But the fight left a broken relationship between the William's family and the Selby on the Bay Citizens Association.
As he had verbally promised to the community, Mr. William's never signed over the fee simple title of the property to the community before he died. Otis Williams died in the mid 1960's without any children so his family, his sisters and their children supposedly received all of his property in his estate. Then in 1970, the Williams' sisters sold the Clubhouse, Beach and Park area, along with all of Otis' remaining building lots in Selby on the Bay, to Michael Dan Boger and his family.
Mr. Boger, then owner of Selby Bay Marina (current Holiday Point Marina) had many plans for the Clubhouse Beach and Park area, but many of those plans conflicted with those of the Selby Community Association , Inc. (SCA) which had taken over community matters from the old Selby on the Bay Citizen's Association in 1962.
In 1970, when Mr. Boger acquired supposed title to the property, the SCA worked hard to establish relations with the new owner(s), but to no avail. The SCA and Boger's never really saw eye-to-eye on issues concerning the Common's Area (Clubhouse, Beach, Park and Boat Ramp). In the 80's, Dan Boger stated many times to SCA Board members that he wanted to transfer the property to the SCA. In 1995, after the new peninsula-wide communal sewer system was installed by the county and the area wide "building moratorium" was lifted, Mr.Boger once again promised to donate the property to the SCA.
*Currently, the Clubhouse has a clouded title.
1996 - The Clubhouse is donated to Youth Development Foundation, Inc.
The Boger's other building lots had finally begun to sell again and building permits were distributed at record numbers for our area. The Boger Group (as the new family trust is known) was looking at some large tax debt from the sales of their building lots throughout our community and they were in need of some hefty tax relief. The Boger's approached the SCA once again late in 1996, saying they were ready to donate some of the beach property to the SCA. There was a rather large stipulation by them that the community would have to create an IRS recognized charitable organization to receive the property. The Boger's promised the property as a donation to that organization. The organization would have to be an IRS recognized 501(c)3 charity for the Boger's to get full tax credit for their donation.
The SCA created the Selby Athletic Association, Inc.(SAA) to be that organization. But, in the summer of 1997, before the SAA could get its IRS tax status, Jim Harrington of the Youth Development Foundation of Virginia (YDF) contacted the SCA and informed them that the Boger Trust had donated the Clubhouse to the YDF on December 26, 1996.
1997 - Youth Development Foundation Attempts to Take Possession of the Clubhouse.
Jim Harrington of the YDF informed us in 1997 that he wanted keys to the Clubhouse and the security access codes. The SCA researched the matter and found that the supposed title had been transferred in Anne Arundel County records. After several attempts to negotiate, the SCA and YDF arrived at a stalemate. The YDF was trying to play on our community's emotional attachment to the property and demanded literally everything they possibly could. Through frustration, the YDF decided to make a show of authority over the property.
1998 - Selby is locked out of the Clubhouse; Preliminary Injunction Hearing.
In January of 1998, the YDF locked all community members out of our Clubhouse. Not long after that, after conferring with our legal counsel, the SCA filed for a Prelimanary Injunction hearing to test the legality of the lock-out.
In April 1998 in a prelimanary hearing, during 5 days of testimony from a many people including a title expert, most of the SCA board, and past SCA presidents, Anne Arundel County Court Judge Heller ruled against the SCA, questioning the SCA's authority to represent the community in this matter and throwing out most of our evidence because of technicalities. Judge Heller explained that he felt that it was a "can of worms" and went on to explain his reasoning to find for the defendant in this prelimanary hearing.
Since then we have tried arbitration, negotiations, acquiring our IRS 501(c)3 status for the SAA, creating a new community association and much more, and frankly we have not gotten any closer to an amicable agreement.
1999 - Second Amended Complaint Filed with the Circuit Court.
The preliminary hearing in April 1998, regarding the Clubhouse issue, was a prelude before a full Injunction Hearing. We filed our amended complaint for the full Injunction Hearing with the court system in December 1999. The court system felt we should settle this out of court, so we spent six more months attempting to work out our differences. The only logical outcome, besides going to court, was to attempt, once again, to purchase the clubhouse. The judge that was mediating our case strongly urged both sides to settle in this way. We made several offers to YDF, but all were turned down. In December 2000, the SCA and YDF paid for a surveyor to determine a fair market value for the clubhouse and the two adjacent lots titled to YDF. As it turned out, the value obtained by the surveyor fell between the two highest offers we made to YDF. They still felt the price was too low.
A Third Amended Complaint, which added another Count to our lawsuit, was filed in July 2000.
2001 - Motion for Summary Judgment Hearing & Enforcement of the 1938 Injunction.
Since it became obvious we were at a stalemate, the judge mediating our case allowed us to set court dates for our Motion for Summary Judgment (filed in Dec. 2000) and our full trial, at which our amended complaint will be heard. The Motion for Summary Judgment was heard on February 21, 2001. At this hearing, our attorney argued one count of our amended complaint. This count calls for the enforcement of our 1938 Perpetual Injunction on the clubhouse.
On May 10, 2001, Judge Ronald A. Silkworth ruled in our favor!!! He signed an order stating that "...the Defendant's are hereby enjoined from placing any restrictions upon the free and unobstructed use of the club house building located in the community of Selby on the Bay by the Selby Community Association, Inc.", the other plaintiffs listed on the lawsuit "and all other lot owners in Selby on the Bay similarly situated." He determined that we do have the right to use the clubhouse with as much freedom as the surrounding land covered by our 1938 Injunction.
Youth Development Foundation filed to appeal, however, the appeal was filed improperly. It was filed by an individual who was not an attorney. We filed to have their appeal dismissed. Then, YDF's new attorney filed a motion to amend the appeal so it could be heard. The hearing has been scheduled for August 2001 to determine whether their appeal can be heard or not.
On October, 16, 2001, Judge Silkworth, of the Circuit Court ruled that because YDF's appeal was filed by an individual who was not an attorney, YDF cannot appeal. However, shortly thereafter, YDF filed a motion with the Circuit Court asking Judge Silkworth to reconsider his decision. On November 30, 2001, Judge Silkworth granted YDF's Motion for Reconsideration. The Court determined that striking YDF's appeal was "harsh" and "not warranted". This allows YDF to appeal to the Court of Special Appeals.
2002 - Court of Special Appeals Upholds Selby's Easement; Court of Appeals of Maryland Turns Down Further Appeals by YDF.
The hearing before the Court of Special Appeals (CSA) was scheduled for February 11, 2002. At the Court of Special Appeals hearing, we argued first that YDF's appeal should be dismissed because it was filed improperly (Yes, this was argued at the Circuit Court, but we can also ask the CSA to dismiss it.), and second, if they allow the appeal, that Judge Silkworth was correct in granting our Motion for Summary Judgment. It takes about six months to receive a decision from CSA.
On August 7, 2002, the Court of Special Appeals ruled that YDF could appeal and then determined that our easement on the Clubhouse stands!!! Selby property owners can use the Clubhouse "for all ordinary Beach and Park purposes", just as we do the surrounding land. YDF can use the building as long as it doesn't interfere with our usage.
On August 14, 2002, YDF's attorney sent our attorney a letter stating she interprets the CSA's ruling to mean that Selby property owners can only use the building for the restroom facilities! We believe there are other uses that can be made of a building in a 'Beach and Park' other than to use the restrooms. Up until now, YDF has made repeated requests that we not use the building at all. We have continued to use the building as we have since the 1930's. In their letter, they also said they would be presenting to us the plans they have for using the Clubhouse. We have not received any plans.
In September 2002, YDF filed a Petition of Writ of Certiorari to the Court of Appeals of Maryland (CAM). With this, they are asking the CAM to hear their appeal. The CAM does not automatically have to hear an appeal. They only hear appeals that would have far-reaching affects on the laws of Maryland. It takes a few months for the CAM to make a determination.
In their Writ, YDF asked whether the CSA erred in affirming the May 10, 2001 Order of the Circuit Court. Also, they continue to argue that the Clubhouse was never meant to be included in the original 1938 Perpetual Injunction. They also argue that an easement cannot extend to a whole building, that our use of the building should be by permission of the owner and that the arguments CSA used in upholding the easement only further complicate the rights of the owners and easement holders.
Our response to their Writ was filed in October, 2002. We, of course, argued why the CSA's ruling should stand. Our arguments included that the Clubhouse falls within the boundaries of the property described in the 1938 Injunction and, therefore, it is included in the Injunction, and, this case is not re-writing Maryland easement law because this case only asks for an interpretation of a particular ruling and a particular piece of property.
To further their attempts to restrict our rights, YDF filed a Motion for Preliminary Injunction with the Circuit Court on October 10, 2002. They want the Circuit Court to prevent us from using the Clubhouse, except by permission from YDF, until a final judgment of the current lawsuit is made. Their argument for requesting this Injunction is their belief that our uses of the clubhouse go above and beyond the intentions of the Court of Special Appeals' decision and that they have been unable to make any use of the clubhouse for themselves. We are arguing that since we have been granted "free and unobstructed use", we believe they have no basis for their request. Also, we have offered in the past to set up a schedule enabling both parties to use the building, which nullifies their argument that they have not been able to use the building at all. They did not go along with the offer to set up a schedule of use for both parties. It is not known when, or if, a hearing will be scheduled.
On December 12, 2002, the Court of Appeals of Maryland denied YDF's petition to appeal the Court of Special Appeal's ruling!!! Our easement in the Clubhouse is confirmed! This ruling ends YDF's ability to appeal the Circuit Court's 2001 ruling upholding our easement rights in the clubhouse.
In essence, we have obtained all we can from this lawsuit. However, it's not over. Our Third Amended Complaint, filed in 2000, contains six (6) counts. The Motion for Summary Judgment that was granted to us was only Count 4, upholding the easement, which is free and unobstructed use of the Clubhouse. The other five counts will need to be dismissed. Also, a counter-suit was filed by YDF in 1998 and has not been addressed by the Court. Also, as long as this lawsuit and counter-suit are active, we may have to attend a hearing for YDF's Preliminary Injunction filed in October 2002. We are awaiting word of this from the Circuit Court.
Since YDF became the title-holder of the Clubhouse, we have made many attempts to purchase it from them. A few of the attempts are mentioned above. YDF has been, and still is, willing to sell it to us. Unfortunately, we have not been able to agree on a purchase price.
This website has grown mainly from the need to convey this information to you - the property owners, so that we can make informed, qualified decisions. We will keep you informed of any changes.
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Last updated 01/03/03