Clifton Beach on a winter day. The fight is over this strip of land, and who has access.
ARTHUR P. DUECK, ET AL.
PLAINTIFFS-APPELLANTS
vs.
THE CLIFTON CLUB COMPANY, ET AL.
Read the entire decision here:
http://media.lakewoodobserver.com/media ... 460930.pdf
In the Court of Appeals of Ohio, EIGHTH APPELLATE DISTRICT, COUNTY OF CUYAHOGA
III. CONCLUSION
{¶125} We determine that the lot owners are the sole legal beneficiaries of the Trust. The Clifton Club is a lot owner and thus a beneficiary. The Trust Deed is the sole conveyor of legal rights to the beneficiaries. The Club Deed transferred title to the Club Lots. The Club Deed did not, and could not, convey any greater rights to the Trust= property than those that are set forth in the Trust Deed, because title to, and control of, the Trust property was vested solely in the Trustees via the Trust Deed.
{¶126} The Club Members are not equal or direct Beneficiaries of the Trust. The Club Members’ have a permissive right to access the Beach as regulated by the Trustees pursuant to the Trust Deed.
{¶127} The Trustees breached the duties of impartiality, and to inform and report to appellants as Beneficiaries. The Trustees are ordered to compensate the appellants for reasonable attorney fees, costs, and expenses.
{¶128} This case is reversed and remanded to the trial court to enter judgment for appellants in accordance with this court’s findings, and to conduct an evidentiary hearing to determine the reasonable amount of attorney fees, costs, and expenses.
Simple Background...
Clifton Park, Clifton Club and Clifton Beach are located in the northwest corner of the city.
Most are unaware it even exists.
Clifton Beach, was created as a private to add value to the homes of Clifton Park.
It was believed by some of the residents that the Clifton Club was abusing its Beach access by allowing large number of Club members to have access to their beach.
The thought was if a "lot owner" was allowed 4 people to the beach, why should the Clifton Club, be allowed to allow all of its members down to the beach regardless of numbers. This process saw Clifton Beach and "beach access" to be used as perks in various ways, that many residents saw as seedy, and bringing down the value of their property.
Looking west to Rocky River.
York Beach, the site of many crazy parties by the class of 71/72.
While the rest of the community lost all basketball courts, Clifton Beach kept theirs.
So you had the Clifton Club with 4 lots, describing their all of their members as owners to the property, so that all would be allowed in, and you had residents calling foul! You had the Clifton Club claiming they pay for more than 50% of the upkeep, and you have Clifton Park residents saying, we want our beach, not your money.
The trustees must pay a fair amount of the resident's legal fees. The residents feel they won, as the courts have clearly spelled out, that the Clifton Club has the same rights as the residents, which they see as a maximum of 16 beach permits, but are hoping more like 4. As one resident put it, I have a carriage house with tenants I do not get any more passes because of them, or the business.
So this would be the first, of many follow up litigation and meetings as they negotiate the new deal, as prescribed by the courts.
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