This lawsuit is an attempt by three East Bay View residents to seize
community property between their homes and the water by adverse possession (Who
are the plaintiffs?). In
December 2005, the Court of Special Appeals ordered that since all property
owners in Hillsmere have an interest in the beach strip property (HSIA contends
that interest is actual ownership), the plaintiffs have to include everyone in
their suit if they wanted to go forward. In July 2006, the nearly 2,000
property owners in Hillsmere began to be served and become defendants in this
lawsuit.
Lawsuit Forms and Documents (click to
view or download):
Response - Joining Motion Raising Preliminary Objections
By signing this form you will be joining HSIA in raising the preliminary objections and
will have to do nothing else until they are ruled on, probably sometime in
November.
Waiver
of Service
Signing this form will save HSIA the cost of duplicating and
mailing you every pleading that we file. The plaintiffs will still have to mail
everything they file to you.
Motion To Quash
Service Of Process
The plaintiffs did not send a copy of the approximately 150 pages
of documents previously filed in this case to each new defendant. This form
demands that it be sent to you at the plaintiffs expense.
Letter To Send
To Mortgage Company
This letter explains why this lawsuit will not affect your
property directly. You can send it to your mortgage company or bank if
they are concern about the lawsuit.
Documents Filed With The Court or Served on Defendants
(click to download):
Actual Lawsuit
(Certified Package Sent To Defendants By Plaintiffs)
This is the package sent to the defendants by the plaintiffs by
certified mail in July. It is the contains the amended lawsuit and other
information. By signing for this package you would have been served.
Downloading it online does NOT mean you are served.
Motion
for Continuance
The Motion for Continuance asks the court to
reschedule the motions hearing originally scheduled for October 2, 2006 to
October 16, 2006.
Withdrawal of Stipulation
In the first trial, HSIA stipulated to certain facts.
Because additional information has come to light, we are withdrawing our
previous stipulation.
Motion To
Strike (Mortgage Holders Should Also Be Defendants)
We contend that all mortgage holders are property owners under
Maryland law and therefore should be served as well. We are asking the court to
order the plaintiffs to include those parties (banks and mortgage companies) in
the lawsuit.
Motion to
Dismiss Based On Tax Sale
We have found a tax sale that occurred in 1996, during the 20
year period that the plaintiffs are claiming they adversely possessed the beach
strip. Because tax sales invalidate adverse possession claims, we are
asking the court to dismiss the lawsuit.
Related Documents
Beach Committee Report
(October 2001)
This is the original report of the Beach Committee formed after
the Harned pier was built and the beach strip controversy started.
Sea Breeze Article (May 2003)
This article described the history and events related to the beach strip.
It described the actions that the HSIA board took and the expected outcome and
cost of the lawsuit.
Anonymous Letter (May 25, 2003)
This letter was mailed to all the residents in Hillsmere. It was full of
incorrect information and accusations. No one ever took credit for sending
the letter.
Report To The Board (May 29,
2003)
This is a report presented at the May 2003 Board Meeting
answering the anonymous letter.
Letter from Mike Ragland (June 5,
2003)
Our lawyer was asked to give his legal opinion of the issues
raised in the anonymous letter.
Sea Breeze Article (August
2003)
This is a report on the General Meeting held on July 10, 2003 at
which the beach strip lawsuit was discussed.
Court of Special Appeals Opinion (December 5, 2005)
Here is the entire 55 page opinion.
President's Comments from Sea
Breeze (January/February 2006)
Summarizes history of the lawsuit, talks about the court decision, and what will
happen next.
Results of Special HSIA
Board Meeting on Lawsuit Offer from Sea Breeze (March/April 2006)
Response to settlement offer and HSIA Board resolution.
Singleton Letter Sent To
Residents on April 3, 2006
This letter was mailed to all residents in Hillsmere.
Letter from HSIA Board
Sent to Residents on April 24, 2006
This letter was sent in response to the Singleton letter.
Also published in May 2006 Sea Breeze.
Point By Point
Response to Singleton Letter
This was sent along with the above letter and also published in
May 2006 Sea Breeze.
Article in the Sunday Capital, July 2,
2006
This article appeared on the front page.
The plaintiffs are:
Gregory & Susan Singleton, 117 East Bay View, (410) 263-6664
Edward & Leah Hertz, 129 East Bay View, (301) 229-0791
Parviz Sahandy, 133 East Bay View, (410) 269-0735
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