The state's highest court has ruled that the beach on Dobbins Island is no longer open to the public. The Maryland Court of Appeals Friday overturned a 2010 county Circuit Court ruling that said the beach on the privately owned Magothy River landmark is open to the public because of a 20-plus year history of public use.
Judge Ronald Silkworth also required island owners David and Diana Clickner to take down a barrier they installed along the mean high tide line, which separates public and private property. In the appeals court ruling, Judge Clayton Greene Jr. wrote that Silkworth erred and the public's continued use of the beach was by permission of the owners. The court also ordered the Magothy River Association, which sued the Clickners, to pay the couple's court costs.
David Clickner said he plans to resurrect the barrier along the mean high tide line this spring, before the river is filled with boaters. He also stressed that the barrier might be temporary if people who frequent the area "keep things under control."When the Magothy River Association and Chesapeake Bay Foundation sued the Clickners over the previous barrier, the couple took it down and visitors got the idea that the area was a "free-for-all," Clickner said.
He and his wife have found everything from beer cans and bottles to drug paraphernalia and dirty diapers. The days around Bumperbash and Magothy River Days, which attract hundreds of boaters to the island, is especially troublesome, he said.
"We've never changed the position that people are welcome here," Clickner said. "We just want people to keep things under control. If we see people are under control and (Natural Resources Police) can keep track of where people are, we might take it back down."Magothy River Association President Paul Spadaro was surprised by ruling yesterday afternoon. "I'm pretty disappointed," he said.
The Clickners have been at odds with Spadaro, the Magothy River Association and the Chesapeake Bay Foundation since they bought the island in 2004 and started making plans to build their dream home. Their efforts have been blocked by the environmental groups, who have sued and appealed repeatedly.
Clickner acknowledged that the battle to build his house on top of the island is far from over. "We are glad that we won (the beach issue), but we know there are still many lawsuits and appeals against us," Clickner said. "It's a shame for people on the Magothy that give donations to the Magothy River Association when that money is spent on court things."
Little Island, located not far from Dobbins Island in the Magothy River, also is embroiled in a legal dispute. Michael Wagner built a house around 2001 on the island without county permits. The Magothy River Association and Chesapeake Bay Foundation have appealed a decision by the county Board of Appeals allowing Wagner to keep the house. The organizations argued the foundation should have been allowed to become a party to the dispute before the board. The Court of Special Appeals has yet to rule on that case.