The Observation Deck

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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Gonna stroll on down there with my inner tube, fishing pole, and transistor radio since I am a resident

Stan Austin wrote:Gonna stroll on down there with my inner tube, fishing pole, and transistor radio since I am a resident

Don't forget to whistle a happy tune.

Looks like those trustees are going to have to cough up some cash.

Bridget Conant wrote:Looks like those trustees are going to have to cough up some cash.

Most people learn in the first year in law school---if it ain't in black and white, it ain't right.

I don't have a dog in this fight, but this always seemed like a simple case of "black and white" to me.

The black and white of the agreements were pretty clear.

The Clifton Club "leadership" never had it in "black and white"---so they lost.

The trustees of the "Club" i.e. bad leadership apparently thought they could game the system and they were wrong.

Now they have to will have to pay for their gamble.

AFAICS

The trustees are being punished with sanctions because they violated their fiduciary duty to the land owners in the park. They appeared to favor protecting the interests of Clifton Club members over that of the lawful landowners who clearly were in the right.

In addition, they apparently "miscommunicated" with the landowners who were suing and represented that they had a legal opinion on the Trust document and if it gave legal rights to Clifton Club members. However, they never provided that opinion to the land owners. I think their obsfucation is part of the reason the judges ordered them to pay attorney fees and costs to the plaintiffs.

Legal opinions are like most opinions - everyone has one but it doesn't mean your opinion is correct.

This smells so much like the hospital debacle - privileged people who are used to getting their way even if it means hiding information or distorting it to accomplish their task.

In fact, the "Trustees" disseminated information that was incorrect to bolster their own case. Sound familiar?

http://cliftonparkpreservation.com/uplo ... hments.pdf

Very interesting letter sent to residents of Clifton Park by a long time owner and former Trustee, condemning the actions of the then current trustees ( the ones who just lost and have to pay $$$.)

It shows perhaps why they were ordered to pony up.

Bridget Conant wrote:In fact, the "Trustees" disseminated information that was incorrect to bolster their own case. Sound familiar?

http://cliftonparkpreservation.com/uplo ... hments.pdf

Very interesting letter sent to residents of Clifton Park by a long time owner and former Trustee, condemning the actions of the then current trustees ( the ones who just lost and have to pay $$$.)

It shows perhaps why they were ordered to pony up.

Wow!

Mr. Rupert really nailed this over two years ago.

That these trustees lost their way does seem to track the trustees of LHA as well.

You know...

I have been following this story pretty closely for a couple years. Many of my friends are in this dispute, and like so often in this city, on opposite sides from each other.

It is a strange and complicated war, with many angles for each person to use, exploit and lean on. If you read the original documents, it is clear what was meant, and what it was done that way. But we have some people that feel the need to bend rules their way, every chance they get. Their names appear in each and every one of these mini blow ups around town. And with much of their behind the scenes handiwork, it seems to be always accompanied with friends no longer talking, and a decision in morals.

Before talking with any of them, I made it clear, I think the beach should be public. For the record, all sides are horrified by that statement.

When you speak with non-Clifton Park members, they eagerly point out, they "pay 50% or more of the maintenance to the beach, they need us."

In Clifton Park there are many factions, ones like Dr. Dueck and Mr, Rupert, who openly will say, "We certainly do not need them or their money." and mean it. Old money, large dollars for Lakewood, against neue money in the park. Simply put they want a picnic table whenever they want. Booking a table two years in advance, is something they all hate. The number one reason given by those looking to limit membership is, the wait for picnic tables.

A group of residents that are not ready for assessments to go up as much as $10,000 a house a year. Others think that's a fair price for a picnic table.

There is the "new" Clifton Park, young, and want to share their new found beach with friends, all over the city.

A group of the children of parents that live in the park, or did, and want to continue their connection to the Club and beach.

There is the group that have used the Clifton Club as their little incentive, help them with this, and we will let you in "our club." Do this for us, we will kick you a beach pass. This actually got so out of hand, and they finally had to start to number the beach passes!

The irony is this, is the group that so often brands themselves as Lakewood's wealthy and elite, ran into a wall of real BIG MONEY, and legal talent.

The members outside of the park were celebrating because the ruling changes very little. Today. The residents see this ruling as the first brick in the wall that will see the courts limit Club access to as little as 4 passes, from the rumored 560+ passes the club is afforded.

My thanks to everyone on all sides of this that keeping me up to date on this, and with their thoughts.

The city of Lakewood has become punctuated with hundreds of these skirmishes and battles. Fence battles, property line wars, sound wars, and block wars. It is rumored that Lakewood has a permanent sitting area outside of the 8th District Court of Appeals with how litigious this city has gotten.

Funny how some of the same names appear time and time again, as outraged residents push back on what they see as exploitation of their rights, property, lives.

.

The continued actions of the present Trustees - by using the Ulmer brief as if it were a legally binding document without taking it to the Court; by misrepresenting the issues to the community and the Court; by demeaning the Plaintiffs noble efforts and by hiding the Trustees own actions which caused the need to go to the Court - are all promoting a division in this community that will take years to recover from. In all my decades in the Park, I have never seen such behavior, especially from Trustees.

I have seen the same behavior and as Jim said, it usually involves the same pretentious, self- important people.

PROMOTING A DIVISION IN THIS COMMUNITY

Just like with the hospital. Divide us. That's what they have done.

I'm with Charlie