By Josh Davis, Associate Editor
(Aug. 16, 2018) An attorney representing Ocean Pines last Wednesday filed a motion to dismiss the Brett Hill lawsuit against the Ocean Pines Board of Directors.
Hill, alleging his application to run for the board was rejected in violation of Ocean Pines bylaws, 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 the motion to dismiss, 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.”
He elaborated, “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.”
Also in the motion to dismiss, Whiteford pointed out “despite the fact that the Board is not a legal entity having the capacity to be sued, [the] Plaintiff attempted to serve ‘Board of Directors of Ocean Pines Association, Inc.’ on or about July 5.”
He moved for the court to dismiss the complaint as well as “all claims made against it, with prejudice.”
As of Tuesday, the court had not yet ruled on the motion.
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.
According to court records, a settlement hearing is scheduled Nov. 19 and a trial is set for Dec. 17.