Wayne T. Kosmerl and N. Tucker Meneely Secure Landmark Win for Arundel-on-the-Bay

September 23, 2025

On May 27, 2025, the Appellate Court of Maryland issued an important opinion in Property Owners Association of Arundel-on-the-Bay, Inc., et al. v. Maurice Tosé, et al., No. 57, Sept. Term 2024, affirming key rights for Council Baradel’s client, the Property Owners Association of Arundel-on-the-Bay, Inc., and the community’s property owners. On September 22, 2025, the Supreme Court of Maryland denied the appellees’ request for further review, cementing the victory.

Wayne Kosmerl and N. Tucker Meneely represented the Association at trial, with Mr. Meneely handling briefing and oral argument before the Appellate Court.

Arundel-on-the-Bay is a diverse waterfront community located near Annapolis, founded in 1890 and home to roughly 300 households. Nearly all its streets, as reflected on the original plat, terminate at the water. In the 1970s, the community was established as a Special Community Benefit District under the Anne Arundel County Code, with the Association tasked with managing projects such as road maintenance, drainage systems, erosion control, recreation areas, and other community-wide improvements.

The case centered on whether the Association and its members had the right to access and use two waterfront street ends on Magnolia and Saratoga Avenues. The Appellate Court not only affirmed the Circuit Court’s finding that a beneficial easement exists at those locations, but also confirmed that such rights extend to all waterfront street ends in the community, recognizing that “[e]ven the most cursory review of [Arundel-on-the-Bay’s] 1890 plat reveals that ‘access to the water is the essential purpose of the subdivision and the purchase of lots in it’ and ‘affords lot owners, even those residing in the interior portion of the subdivision, to walk a short distance in any direction to secure a water view.’”

Equally significant, the Court vacated restrictive provisions of the lower court’s ruling that had prevented residents from using the easement for water access until adjacent landowners (the appellees) made improvements, and that barred the Association from maintaining, repairing or improving the easement areas. The Court agreed with the Association that nothing in the original plat or deeds limited the community’s right to make improvements necessary to serve the easement’s purpose.

The decision confirms that the Association and lot owners may use the easements for boating, swimming, fishing and enjoying the views, while also preserving their ability to repair, maintain, and improve the easement areas—including installing amenities such as benches—to ensure the community’s continued enjoyment of its waterfront resources.

Council Baradel is proud to have represented the Association in securing this significant result. The victory is also a tribute to the late Wayne T. Kosmerl, a founding partner of Council Baradel and the Association’s longtime counsel, who passed away while the appeal was pending. Mr. Kosmerl was a tireless advocate for Arundel-on-the-Bay, and his contributions to this case and the community are immeasurable.

Tucker Meneely is a leader in Council Baradel’s Appellate Practice, who is routinely recognized by his peers for excellence in appellate advocacy in What’s Up? Annapolis Magazine’s Leading Lawyers and Maryland Super Lawyers.