Ocean City Today

Despite pending appeal, Dumser’s to close by Oct. 31

Heirs to OC property move forward to save iconic spot
By Katie Tabeling | Aug 31, 2017
Photo by: Katie Tabeling Dumser’s Dairyland stand on South Division Street will close on Oct. 31, as per court order. The heirs of the property have filed an appeal in this case.

(Sept. 1, 2017) Dumser’s Dairyland’s inlet spot is set to close on Oct. 31, after Judge Dale Cathell denied a motion that would keep it open while the while the heirs to the property prepare their next move in the fight against the city.

“We built this business up for 35 years, starting at that location. It’s not fair. I wasn’t aware that we had a problem until this came out,” Dumser’s owner Don Timmons said. “I’m just the middleman caught up in this.”

The iconic Boardwalk stand is the center of a controversy that sparked after the city declined to renew an agreement with the relatives of Nathan Rapoport, the man that built it in 1966.

Instead of renewing the 25-year agreement for a second time, the city decided to tell Nathans Associates, the heirs, and its tenant to vacate the premises last October.

Instead, Nathans Associates took Ocean City to court over the matter – and lost. Cathell ruled that the city never abandoned the property and it was technically on a public roadway. The General Assembly determined that the land east of deeded properties on the Boardwalk’s west side to the high-water line was a public roadway a century ago.

As such, Dumser’s would have to close on Oct. 31, and Nathans Associates would have to “remove or demolish” the building by Dec. 31 unless a deal is made.

Nathans Associates attorney Albert G. Allen II filed to stay the judge’s ruling earlier this month on the basis that demolishing the building would cause “irreparable harm and economic waste” while the Rapoport heirs prepare an appeal.

City Solicitor Guy Ayres successfully argued that by the time the court’s order would be carried out, there would be no negative impact on business.

“The order does not take effect until October, in light of Ocean City’s summer season,” Ayres wrote in a response last week. “In effect, the court has already stayed it order until Oct. 31, which allows the plaintiff’s tenant to continue business as usual up until that time.”

Nathans Associates member and Rapoport’s granddaughter Mona Strauss filed an appeal on Wednesday.

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