By Josh Davis, Associate Editor

(Sept. 27, 2018) The Ocean Pines Association was dismissed as a defendant from a lawsuit filed in June by former director and interim general manager Brett Hill against the association and member of the board of directors, the Worcester County Clerk of Court’s office confirmed last Wednesday.

Hill filed suit in circuit court after his application to run for the board was rejected in what he contended was a violation of Ocean Pines bylaws. In addition to the association, Hill named Director Colette Horn, who was responsible for disqualifying him as a candidate.

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.

In an Aug. 8 motion to dismiss, association attorney Thomas J. Whiteford 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.”

“The sole reference to ‘Board of Directors’ is within the framework of the bylaws and other governing documents of the entity known as Ocean Pines Association Inc,” he said.

Circuit Court Judge Brian D. Shockley apparently agreed, signing the order to dismiss Ocean Pines from the case. The order was signed on Sept. 18 and entered by the clerk of court last Wednesday.

Whiteford also represents Horn and in an Aug. 2 court filing on her behalf denied allegations that the rejection of Hill’s application violated association bylaws. No ruling on that motion has yet been entered.

According to court records, no other motions have been filed by Hill, Horn or Ocean Pines since Aug. 8.

Records show a settlement hearing in the matter of Brett Hill vs. Colette Horn is scheduled Nov. 19 and a trial is set for Dec. 17 at 9:30 a.m., to be presided over by Judge Beau Oglesby.

Horn declined to comment and Hill did not respond to requests for comment.