Members and Friends,
By now, you probably have heard that the Ohio Supreme Court denied jurisdiction (declined to hear the case) on the ongoing court case in the Cuyahoga County Probate Court. As you recall, the 8th District Court of Appeals reversed the Probate Court’s dismissal of the case. The case will now be returned to the Probate Court for further proceedings. What does this mean to us? Simply, nothing has changed. The appellate court order is that the Club Members have the right to use the beach via their membership in the Clifton Club, but are subject to the reasonable rules and regulations set forth by the Clifton Park Trustees. In fact, in last year’s decision, the Court affirmed that the Club is a beneficiary of the Trust and that its members can use the beach. The Court wrote: “We conclude that the trial court correctly determined that the Club Members have a “right” to use the Beach. However, in response to the declaration explicitly requested by appellants, we find that the Club Members have no legal right of access as Beneficiaries. Access by the Club Members is by permission and regulation of the Trustees.” This most recent Court decision changes nothing from how the relationship between the Trustees and the Clifton Club has been handled by the Trustees for the past last 100+ years.
The Club, and its members, have always maintained a strong and positive relationship with both the residents of Clifton Park and the Trustees and we remain committed to doing so in the future. Rest assured that the Board of Directors of the Clifton Club are committed to doing everything possible to protect and preserve both the short and long term interests of the Clifton Club and all its members. We have met with our legal counsel and are working with them to ascertain our legal position and our legal options moving forward and will keep you informed of any further developments.
In the meantime, the 1st day of Spring is right around the corner, which means beach season starts in less than two months. I look forward to another great summer in 2018 on what I consider the best kept secret in northeast Ohio, Clifton Beach. I look forward to many more wonderful summers to come. hope to see you at the Club, or the Beach, or somewhere, soon.
Kenneth J. Chodzin, President
Clifton Club Board of Directors