Brett Hill

By Josh Davis, Associate Editor

(Oct. 25, 2018) Terms to dismiss a lawsuit filed against the Ocean Pines Association and a member of the board of directors have apparently been agreed upon.

Former director and interim general manager Brett Hill filed the suit in June, alleging a violation of association bylaws after he was rejected as a candidate in the 2018 board of directors election.

In addition the association, also named as a defendant by Hill was Director Colette Horn, who was responsible for disqualifying him. According to Horn, Hill was not eligible because he had not paid his property assessments by the May 15 deadline stipulated in the election rules.

Horn, during a regular board meeting on Saturday, said the board voted by email “To accept the terms of the dismissal of the lawsuit by Mr. Hill.”

“The motion itself was to accept the terms of the dismissal of the lawsuit by Mr. Hill. That motion was submitted by Director [Steve] Tuttle, seconded by Director [Frank] Daly, and all of the directors voted in favor of that,” she said.

Circuit Court Judge Brian D. Shockley signed an order to dismiss Ocean Pines from the case on Sept. 18, based on an Aug. 8 motion by association attorney Thomas J. Whiteford, who argued the “Board of Directors of Ocean Pines Association Inc.” named in the lawsuit was “not a legal entity having the capacity to be sued.”

At that time, the case against Horn still stood and court records showed a settlement hearing in the matter of Brett Hill vs. Colette Horn was scheduled for Nov. 19 and a trial was set for Dec. 17.

Terms of the dismissal of Brett Hill vs. Colette Horn were not discussed during the meeting on Saturday, but sources close to the board this week confirmed the following were part of the agreement:

1. Mr. Hill agrees to dismiss the case against Colette Horn with prejudice.
2. Mr. Hill agrees to forever discharge and release Ocean Pines Association, Inc. from any claim or cause of action contained in the amended complaint.
3. Provided that Mr. Hill complies with the terms of the stipulated dismissal, Ocean Pines Association, Inc. shall release Mr. Hill from any claim for damages directly arising from Mr. Hill filing or pursuing the complaint against Ms. Horn and Ocean Pines Association, Inc.

Hill did not respond to requests for comment and it is unclear if he will again attempt to return to Ocean Pines politics. However, given the August sheriff’s sale of his home and now the apparent dismissal of his lawsuit, it seems unlikely.