In October 2023, ARPOA was served a summons (Case Number: C-02-CV-23-002054) in relation to a claim of adverse possession. The claim involved community-owned property that is a part of the beach and Overlook land. The grassy area in question sits above the beach and behind some homes on Carrollton Road. The land was deeded to ARPOA as a part of a previous settlement in 1987. The suit’s Plaintiff contended that they were entitled to a portion of the land, despite ARPOA’s assertions and evidence.
ARPOA, through its Board of Directors, immediately retained counsel to answer the suit and defend the unfounded claim. For the past year, there have been depositions, court-ordered settlement discussions, and lots of behind-the-scenes work preparing for the January 8th, 2025 trial date. Settlement discussions had largely been exhausted after multiple attempts over the past year, but I am pleased to announce that a final settlement offer has been reached.
The offer terms, which will be posted to the ARPOA website, mean that ARPOA retains ownership of the land. Additionally, the plaintiff will pay ARPOA $15,000 under the settlement terms. While this doesn’t completely offset the costs associated with defending this claim, we were able to keep the valuable land. Additional terms are outlined in the settlement document. However, this is a clear win for APROA and avoids a costly trial that had no guarantee of a positive outcome, despite our extremely compelling case.
