By Elizabeth Bonin, Staff Writer

(Dec. 10, 2020) The trial for the White Horse Park lawsuit has been postponed, and a separate hearing has been added for Tuesday, Dec. 15.
Attorney Hugh Cropper, representing the full-time residents fighting to stay in the park, filed a motion to postpone the trial, originally scheduled for Tuesday, Dec. 15 and Wednesday, Dec. 16.
“Several of my clients are in their 80s and their testimony is necessary to prove my case,” Cropper said. “With covid concerns, I did not want to take them to court while they’re in their 80s.”
Cropper also filed a motion to dismiss Worcester County from the case, citing that the county has not been aggressive in enforcement, but the White Horse Park Association has. The county opposed, leading to a hearing on Tuesday to decide the county’s fate.
Cropper said he believes the county wants the case dismissed with prejudice, rather than without prejudice.
“They want the whole case dismissed with prejudice, which means they win, we give up all rights and the whole case is dismissed,” Cropper said. “We’re not prepared to do that.”
If the case is dismissed without prejudice, Cropper and his clients reserve the right to make their arguments and file again.
In the county’s motion to oppose, it said it has already spent a “vast amount of resources and legal fees” and that the motion would be pointless.
“. . . regardless of the outcome with respect to the HOA, county law remains applicable and enforceable,” the document reads.
The county also cited excessive delay as a reason to deny dismissal.
“Plaintiffs have not responded to the county’s discovery and are attempting to postpone the trial in this case, because they do not want the adverse verdict that they anticipate may occur,” the document reads.
The conflict began in June 2018, when seasonal residents notified the county that other residents were living in the seasonal park year round.
The zoning code states that from Sept. 30 to April first, residents can only occupy their unit for 30 consecutive days or an aggregate of 60 days. Many residents are older and struggle with disability or low incomes.
After a rejected zoning code amendment to remain in the park and a rejected appeal, the conflict will head to trial at Worcester County Circuit Court at a date that will be determined at the hearing next week.
The residents have claimed that they were either not properly informed of the zoning code or encouraged to live at the park full time, while the county and association claim that the zoning code has been available to view and that the park’s infrastructure was not built for full-time residents.
Cropper defended the full-time residents, pointing out that there were originally 108 in the park and now only 38, and those remaining are the residents who cannot afford to leave.
“Those 38 have all been advised by me that they’re going to have to leave, so we’re transitioning out,” Cropper said. “Why the county wants to keep pushing forward, because they want a ‘resolution,’ I think is a waste of taxpayer money.”
He said that if he wins, all 108 residents could be allowed to live in the park full-time.
Cropper added that it doesn’t make sense as to why the county is cracking down on this specific zoning violation.
“There are hundreds and hundreds of zoning violations in the county,” Cropper said. “The county only chooses to enforce those that are complained about, so I don’t know why they’re worried about 38 old people in White Horse Park out of 465.”
Even if the county and association do win, Cropper said he is skeptical that they would enforce the zoning code.
“They’re not going to throw them out anyway,” Cropper said. “I really don’t see Sheriff Crisafulli going in there and pulling my 88-year-old client out of his house and throwing him out on the street saying, ‘You can’t be here.’”
Although the county has warned full-time residents of hundreds of dollars in fines, Cropper said none of his clients have received any.
The county’s attorney filed a motion for the hearing to be held over Zoom. Cropper said he has not yet taken a stance on that.
Worcester County did not respond to request for comment in time for publication.