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Olde Severna Park Improvement Association, Inc., et al. v. Paul Gunby, Jr., et al. No. 37, September Term 2007
Headnote: Where a recorded Plat specifically reserves the riparian rights to a Developer, when that Developer later conveys waterfront property recorded on that same Plat, it is presumed that riparian rights appurtenant to that waterfront property are also conveyed, absent a clear intention to exclude those rights.

Circuit Co urt for Anne A rundel Co unty Civil Case Nos. C-05-100243 & C-05-104092

IN THE COURT OF APPEALS OF MARYLAND No. 37 September Term, 2007

Olde Severna Park Improvement Associatio n, Inc., et al. v. Paul Gu nby, Jr., et al.

Bell, C. J. Raker Harrell Battaglia Eldridge, John C. (retired, specially assigned) Wilner, Alan M. (retired, specially assigned) Cathell, Dale R. (retired, specially assigned), JJ.

Opinion by Cathell, J.

Filed: December 3, 2007

This case requires us to consider whether a deed, which incorporates by reference a Plat recorded in 1931, should be strictly construed against the severance of riparian rights. We shall hold that the 1931 Plat specifically reserved to the Developer riparian rights in order that the notation of certain areas on the plat that appear ed to be w aterfront pro perty would not be considered an offer to dedicate such areas to the local governing authority, but that when the D evel oper sub sequ ently conveyed waterfront land recorded on that Plat in fee simple to an individual own er, the riparian rights were conveyed w ith the wate rfront prop erty and consequently were severed from the Developer at the time of that conveyance. In 1931, the Severna Company subdivided a tract of land owned by it in fee simple, and recorded a Plat displaying the subdivision in the Land of Records in Anne Arundel Cou nty. In 1963, the Severna Company conveyed to a Mr. Christian E. Rossee, in fee simple, waterfront property that included th e riparian rights at issue in this case. In 1972, M r. Rossee conveyed .70 acres of waterfront property to Mr. John M. Jones and his wife, Carol R. Jones. The Joneses in turn conveyed that waterfront property, along with a landlocked parcel of land, to Paul Gunby and his wife, Joan Gunby in 1991. In July 2004, the Maryland Department of the Environment ("MDE") issued a license to Paul Gunby ("respondents")1 to construct a foot bridge and pier across a tidal pond that bisected his property. On September 2, 2004, the Olde Severna Park Improvement

The license from MDE was issued only to Mr. Gunby and some pleadings were filed solely by or against Mr. Gunby. At the motion hearing in March 200 5, however, Mr. Gunby orally amended his motion to add Mrs. Gunby. Therefore, we refer to the Gunbys as respondents.

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Association filed a petition for judicial review an d a motion for a tem porary restraining order and preliminary injunction, claiming that it owned the riparian rights required for the issuance of that license. Additionally, on February 25, 2005, petitioner filed a complaint for declaratory judgment seeking resolution of the disputed ownership of the riparian rights at issue in the case at bar. On Sep tember 13 , 2004, a co nsent orde r barring co nstruction u ntil the resolution of the petition was granted. The Circuit Court for Anne Arundel County heard oral arguments on cross-motions for summary judgment on the complaint for declaratory judgment on May 23, 2005, and on June 3, 2005, the Circuit Cou rt held that the deed conve ying the land (originally to Mr. Rossee, and through chain of title, to respondents) did not co nvey the riparian rights to Mr. Rossee. On June 28, 2005, the Circuit Court for Anne Arundel County held that the MDE had improper ly issued the original license, based on its determ ination in the declaratory judgm ent case that resp onden ts did no t posses s the req uisite ripa rian righ ts. Respondents filed a notice of appeal and subsequent petition for a w rit of certiorari in both the de claratory judgment and the petition for judicial review cases. The Court of Special Appeals issued an opinion on April 27, 2007, vacating the petition for judicial review judgment of the Circ uit Court, an d reversing the declaratory jud gmen t. Gunby v. Olde Severna Park Improvement Ass'n, Inc., 174 Md. App. 189, 921 A.2d 292 (2007). Petitioner2

The petitioners were descried in the petition as "Olde Severna Park Improvement Association (the `A ssociatio n'), et al ." For ease of reference we shall refer to them (contin ued...) -2-

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then filed a petition for certio rari with this Co urt, wh ich we granted . Old Severna Park v. Gunby , 399 Md. 595, 925 A.2d 634 (2007). Petitioner presents two questions for our review: "1. DO WILLIAMS V. SKYLINE DEVELOPMENT CORPORATION , 265 MD. 130 [,288 A.2d 333] (1972), MARYLAND ANN. CODE REAL PROPERTY

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