By Josh Davis, Associate Editor

(Sept. 21, 2018) The Ocean Pines Association was dismissed from a lawsuit that still involves a former director and interim general manager and a current board member, a representative from the Worcester County Clerk of Court’s office confirmed on Wednesday.

Brett Hill, the plaintiff, is alleging his application to run for the board was rejected in violation of Ocean Pines bylaws and filed a lawsuit in Worcester County Circuit Court in June against the board and 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, the association’s 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 Tuesday and entered by the clerk of court on 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.