July/August 2006

The weather isn’t the only thing heating up our community. As a result of personally suing nearly 2,000 residents in Hillsmere in an attempt to take community property for their own private use, the plaintiffs have awakened a sleeping giant. Dozens of residents have come forward who walked on parts of the disputed property. Most of them walked on the sand exposed at low tide so their testimony won’t help but we have already received a half dozen affidavits that will strongly help our case. We still need more so please let us know if you walked on or used any of the beach strip.

Over 500 residents attended the two community meetings about the lawsuit. The overwhelming majority of them supported HSIA’s defense of the community property. There were a lot of excellent questions and some really good ideas put forward. A complete report on the meetings, along with all the questions asked and the answers given, is in this Sea Breeze and on our web site.

One of the questions concerned why the new defendants didn’t receive all the previously filed case documents. As a result of this we had our lawyer draw up a “Motion to Quash Service of Process” form. We have posted it on our web site and sent a copy to the HSIA email list. The form simply says that because Maryland Rules of Procedure require that when a new party is added to a lawsuit they receive a copy of all previously filed documents, the service done by the plaintiffs was illegal and needs to be done over again correctly with all approximately 150 pages of documents that already exist. This would have the effect of making the plaintiffs spend a large amount of money in printing, mailing, and attorney fees. They were pretty upset about this. In fact, Will Simmons, the lawyer for the plaintiffs, send an email threatening to bring actions against me personally and against HSIA if anyone used the form! He claims that we are practicing law without a license. Our attorney says that his claim is ridiculous. We have made it clear at every turn that HSIA does NOT represent individual property owners. We only explain your options and provide forms that you can use if you choose to file them with the court. We have always said that if you feel you need or want legal advice then you should talk to you own lawyer. In my opinion, the plaintiffs and their attorney are trying to pressure me and HSIA into not supporting the residents of Hillsmere in this battle. They want us to tell you that you are on your own and refuse to answer your questions or explain your options. We will not give in to this kind of intimidation.

The question that nearly everyone was asking was “What should I do?”. This Sea Breeze and the web site have a section on just that. It explains your options and what you can choose to do, if you wish, no matter how you feel about this issue. I urge everyone to read the ”What Should I Do?” article and decide for yourself. At the community meetings we passed out copies of a form that, if signed, indicated that you were staying in the lawsuit (not defaulting or opting out) and were joining HSIA in the preliminary motions we have raised. Nearly 200 people have signed that form so far. The HSIA Board of Directors is very moved by the support that our community is showing for our efforts.

Another battle is looming that usually results in angry words and personal attacks. However, it’s one that we just take for granted every two years. Of course, I’m talking about the coming county, state, and federal elections. Our community covenants prohibit any signs without HSIA’s permission. Several years ago our board approved rules concerning political signs that followed county law. Generally, you may place political signs on your property no more than 30 days before an election. No signs can be placed on community property such as the medians or the beach. Please cooperate in adhering to this rule. Let’s keep our community from looking like Forest Drive.

Speaking of keeping our community attractive, there is a problem brewing at the beach. There have been a large number of Canadian geese leaving their droppings on the grass. This is a significant health risk (as well as being very unattractive). Some communities have had their beaches closed by the health authorities when this gets too bad. Please do NOT feed the geese. We are having signs posted. If you see anyone feeding the geese please remind them that it is a dangerous practice that can ruin our community’s use of the beach.

Some great news for our community is the ground breaking, scheduled for August 9th, for the new Annapolis Neck Fire Station at Bay Ridge Road and Arundel On The Bay Road (just past the Mexican Café). The $4.5 million station will open in 2008. This will greatly increase the level of safety and emergency response for Hillsmere.

Thanks again to all the residents who have shown their support for HSIA in these difficult times. Thanks to the many volunteers who have helped out in so many ways. Have a safe, wonderful rest of your summer.

Bill Shuman
President, HSIA