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Nudist fails to hold onto cabin; court approves eviction

The Maryland Health Society Inc. has prevailed in its tug-of-war with one of its members. The society is a nudist club located on 98 wooded acres in Davidsonville in Anne Arundel County. In addition to a clubhouse, a pool and other amenities, the club owns 25 cabins that it leases to members. This dispute centered on the member's 46-year lease on one of the cabins.

We wrote about the lawsuit in October 2013, when the matter was still pending and the 54-year-old still held out hope that she and the board could reach an amicable settlement. Her hopes were dashed in mid-January: The court came down on the club's side. With the eviction approved, she moved out a few days later.

As we explained before, the woman claimed she had notified the board that she wanted to discuss selling her lease. She explained in the letter that she was disappointed that the club was drifting away from the basic tenets of nudism; while she cited examples of inappropriate conduct, she herself had not witnessed it.

The board maintained that she resigned her membership in that letter. By doing so, she gave up any rights to the cabin; they are reserved for members, and the lease clearly allows the club to terminate the lease if the tenant is not a member. Accordingly, the board ordered her to move. The board also returned the membership dues she paid the month after she sent the letter.

She filed the lawsuit in May. In June, the court ruled that she was no longer a club member and refused to stop the club's efforts to keep her off the property.

The woman has accepted the ruling and says it is time to move on with her life. She has moved in with her sister for the time being.

Aside from the fact that one of the parties is a nudist club, the case is interesting because it involves both real estate and club membership matters. From the outcome, it looks as if the club made sure the documents complemented each another. If there were a conflict in the termination provisions, the outcome could have been different.

Source: The Baltimore Sun, "Nudist loses court fight against Davidsonville club," Arthur Hirsch, Jan. 13, 2014

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