Ocean City mayor on Facebook: 'Our actions have never been against Dumser's'

Ocean City Mayor Rick Meehan used social media to comment on an ongoing legal battle over the property that contains Dumser's Dairyland.

"Our actions have NEVER been against Dumser's," the mayor wrote in a Facebook post on Tuesday, Jan. 22. "The Council has shown NO desire to displace Dumser's."

The statement comes as the case heads to Maryland's highest court to see who actually owns the land that the longtime ice cream venue sits on: Ocean City or Nathans Associates, a group comprised of heirs of Nathan Rapoport, the man who built the original structure.

The mayor referred to the heirs' argument as "deceptions."

"If you own property in Ocean City and are paying taxes, then this ‘rent’ belongs to you...not the heirs of Mr. Rapoport," Meehan wrote. "While they have done a good job making it look like the Town of Ocean City are the bad guys, they are the ones who continue to profit off of land that is owned by the public. But yet, somehow, the Town of Ocean City is the ‘greedy’ one."

Mona Strauss, a member of Nathans Associates, said Wednesday, Jan. 23, that Meehan's post was "more than inaccurate" and that the group would respond to it "in due time."

"I was taken aback by what appeared to be character assassination in his statement," Strauss said. "There's so much to deal with in each sentence that it's going to take some time to respond to it all."

The debate over the rightful owners of the property started in 2016, following two 25-year contracts in which the Rapoports and their heirs had permission from Ocean City to build a structure with a shop (now Dumser's) and an apartment on the land.

When the second contract ended, Ocean City Solicitor Guy Ayres told the heirs to vacate the property. Nathans Associates, however, took the case to court.

"Mr. Rapoport honored this agreement until his death," Meehan wrote. "His heirs have failed to honor this agreement and instead have continued to collect rent from Dumser’s for the past two years without having a right to use the land."

Don Timmons, who own Dumser's as a business, acknowledges that while he is not involved in the legal case, he considers Nathans Associates to be the rightful owners of the building.

“The city needs to back down a little bit and reconsider what they’re doing," Timmons said. "And what there is to gain. And what there is to lose.”

Background:Ocean City to take Dumser's case to highest court

More:Dumser's dispute: Appeals court rules against Ocean City

The town will submit a request for reconsideration to the Maryland Court of Appeals.

Before that announcement, the most recent move in the case happened when an appeals court sent the case of ownership back to Worcester County Circuit Court. It said the town failed to demonstrate the property was within the public easement and had Ocean City and the mayor paying court costs.

"Once this matter is resolved, the Town will be in a position to negotiate an agreement with Dumser’s that will be beneficial for them, as well as the tax payers (sic) of Ocean City," Meehan wrote. "This would mean that the money they are currently paying to the heirs of Mr. Rapoport would instead be rightfully returned to the tax payers."

The mayor said that the money could be used to "offset costs" of extra police officers, paramedics or lifeguards.

"Although ongoing litigation prevented us from speaking openly, I believe it is important to clarify our position," he wrote.

Reach reporter Hayley Harding via email at hharding@delmarvanow.com or on Twitter @Hayley__Harding. Reach reporter Sarah Gamard at sgamard@delmarvanow.com.

More:Ocean City earthquake: What you need to know about quakes

More:What's happening in Worcester, Ocean City, Berlin

Support local journalism: Why you should subscribe during this special offer