Maryland State Archives

[Jen: Please note that scans of all Kathy's exhibits are max files in the restricted directory of the notes section of this entry]

November 21, 2001

Edward C. Papenfuse, Ph.D. 206 Oakdale Road Baltimore, MD 21210-2520

Re: Virginia v. Maryland

Dear Dr. Papenfuse:

Enclosed for your review, as promised, is a draft of the additional portions of your affidavit that relate to tax, land and charter records. The tabs correspond to the paragraphs in which those particular documents are discussed. (Exhibit numbers will be filled in once the document is ready to finalize.) The documents are arranged by the order in which they appear in the affidavit. Neither Andy nor Randy have had an opportunity to review the affidavit, so there may be some revisions.

I hope you enjoyed your holiday. I will be in the office on Monday, so please feel free to call me with any comments or suggested revisions.

Very truly yours,

Kathy M. Kinsey Deputy Counsel

Additional Paragraphs for Archives Affidavit Tax Assessment Records

1. The documents attached as Exhibit __ are genuine and authentic copies of St. Mary's County tax assessment records for Election District 3, which were transferred from the St. Mary's County office of the State Department of Assessments and Taxation office to the Maryland State Archives in 1989, and are now maintained as MSA T 1753 by the Archives. Exhibit __ includes documents MD-ARCH-00202 through MD-ARCH-00221, which reflect entries on the St. Mary's County real property tax assessment roll for years 1963 through 1982 of a commercial building constructed on a pier extending into the Potomac River from the Virginia shoreline off Cole's Point, Virginia. During the period from 1963 through 1975, Loren Lee Landman appears on the assessment roll as the owner of the property. During the period from 1976 through 1982, Loren Leo Landman appears on the assessment roll as the owner of the property.

2. The documents attached as Exhibits __ through __ (documents MD-ARCH-00223 through MD-ARCH-00249) are genuine and authentic copies of Charles County, Maryland tax assessment records for the commercial structures built on the piers extending into the Potomac River from the Virginia shoreline. These documents were transferred from the Charles County State Department of Assessments and Taxation to the Archives in 1992, and are now maintained by the Archives as MSA T 220.

3. Exhibit __ (document MD-ARCH-00223) is a genuine and authentic copy of a Charles County assessment record for the "Little Reno", which is constructed on the pier extending into the Potomac River off Colonial Beach on the Virginia shoreline. The document reflects a tangible personal property assessment in 1951 of $3,515.00.

4. Exhibit__ (document MD-ARCH-00225) is a genuine and authentic copy of a Charles County property tax assessment record that reflects the entry of tangible personal property tax assessments for personal property owned by Bruce Shu[y]mansky in Colonial Beach, Virginia in years 1956, 1957 and 1958.

5. Exhibit __ (document MD-ARCH-00224) is a genuine and authentic copy of a Charles County tax assessment record that reflects the entry of a tangible personal property assessment of $1700 in 1953 for the "Monte Carlo."

6. Exhibit __ (documents MD-ARCH 00226 through MD-ARCH-00249) are genuine and authentic copies of tax records for real property located in Charles County, Maryland that reflect a real property tax assessment for the improvements constructed on the Starlight Pavilion pier extending into the Potomac River from Fairview Beach on the Virginia shoreline during the years 1952 through 1986. Document MD-ARCH-00229 reflects the assessments for 1959 and 1961. Document MD-ARCH-00230 reflects the 1962 assessment. Document MD-ARCH-00231 reflects the 1963 assessment. Documents MD-ARCH-00232 and 00233 reflect a transfer of ownership of the Fairview Beach Starlight Pavilion property from Gerald F. Sonnenberg to Paul and Edith Floyd and G.R. Jones in 1964. Document MD-ARCH-00234 reflects the 1966 and 1967 tax assessments for the property. Document MD-ARCH-00235 reflects the 1968 tax assessment. Document MD-ARCH 00236 reflects the 1969 tax assessment. The Archives does not have the 1970 volume of tax assessments for Election District 3, the district in which this property is located. Documents MD-ARCH-00237 through 00241 reflect tax assessments for the years 1971 through 1974, respectively. Documents MD-ARCH-00242 through 00249 reflect tax assessments for the years 1975 through 1986.

7. Exhibit __ (documents MD-ARCH-00251 through MD-ARCH-00255) are genuine and authentic copies of Washington County, Maryland tax assessment records at the Maryland State Archives reflecting assessments dating back to 1896 for a bridge operated by the Virginia and Maryland Bridge Company over the Potomac River between Shepherdstown, West Virginia and Ferry Hall Plantation in Washington County, Maryland. Document MD-ARCH-00251 is a copy of an entry in the 1896 Washington County tax assessment volume, MSA C 2107-1, reflecting as assessment of $8,000 against the Maryland and Virginia Bridge Company for the Shepherdstown Bridge. Document MD-ARCH 00255, MSA C 2107-1, is a copy of an entry in the 1910 volume of Washington County tax assessment rolls that reflects an assessment of $15,000 for the bridge. Documents MD-ARCH-00252 and MD-ARCH-00253 are copies of entries in the volume of Washington County tax assessments for the years 1917 through 1922, MSA C 2815-1, that reflect an assessment of $15,000 for the bridge. Document MD-ARCH-00254 is a copy of an entry from the 1922-1928 volume of Washington County tax assessment record, MSA C 2815-2, oll that reflects an assessment of $75,000 for the bridge.

8. The documents attached as Exhibits __ through ___ (MD-ARCH-00010 through MD-ARCH-00042) are genuine and authentic copies of deeds and other land records initially recorded in the Circuit Courts for St. Mary's and Charles Counties that are presently maintained either on hard copy or on microfilm by [the Maryland] State Archives.

9. Exhibit ___ (documents MD-ARCH-00010 through MD-ARCH-00014) are genuine and authentic copies of three deeds dated September 30, 1960, MSA CM 885-CBG 91, pp. 82-83, February 10, 1964, MSA CM 885-CBG 112, p. 119, and August 17, 1976, MSA CM 885, DBK 269, pp. 271-272, [Jen:  please note that your citation appears to be in error?  Should be 1976?] respectively, each of which was recorded in the Circuit Court for St. Mary's County. Each deed transfers title to the property known as "Loren's or Landman's restaurant, pier and Bar", which is described in the text of the deeds as being located in the waters of the Potomac River "near Cole's Point in the Third Election District of St. Mary's County, Md".

10. Exhibit __ (documents MD-ARCH-00017 through MD-ARCH-00019) is a genuine and authentic copy of a Petition For Authorization to Convey Real and Personal Property and to Settle Claims of the Estate of Loren Lee Landman, MSA T 2351, box 30, file 1840, 16, 190-191. The Petition seeks authorization of the Orphans' Court of St. Mary's County, Maryland to convey the wharf and restaurant known as "Cole's Point Tavern" from the Estate to Loren Leo Landman.

11. Exhibit __ (documents MD-ARCH-00015 and 00016) is a genuine and authentic copy of an Order of the Orphan's Court for St. Mary's County, Maryland dated August 14, 1975 authorizing conveyance of the property described above in paragraph _ and settlement of the claims of the Estate of Loren Lee Landman. MSA T 2351, box 30, file 1840, 16, 193-194.

12. Exhibit __ (MD-ARCH-0021) is a genuine and authentic copy of an agreement filed in the Orphan's Court for St. Mary's County, Maryland between the Personal Representative for the Estate of Loren Lee Landman and Loren Leo Landman for the purchase of the Cole's Point Tavern from the Estate, MSA T 2351, box 30, file 1840.

13. Exhibit __ (documents MD-ARCH-00023 and 00024) is a genuine and authentic copy of a deed dated March 11, 1985 and recorded in the Circuit Court for St. Mary's County, Maryland conveying the Cole's Point Tavern property from Loren Leo Landman to Anita Jane Cryer, MSA CM 885, MRB 215, pp. 133-134.

14. Exhibit __ (documents MD-ARCH-00025 through 00027) is a genuine and authentic copy of a quit claim deed dated November 22, 1993 recorded in the Circuit Court for Charles County between Reno of Colonial Beach, Inc. and Flanagans of Colonial Beach, Inc., MSA CM 393, DGB 1929, pp. 491-493. The deed conveys title to a parcel of land along the Potomac River in the town of Colonial Beach, Virginia, including that pier formerly known as "Little Reno Pier", along with all associated riparian rights, including those arising under the "compact of 1785 of the states of Maryland and Virginia, and any and all wharves, piers, pilings, structures built on piers. . . .in the waters of the Potomac River, lying in Charles County, Maryland."

15. Exhibit __ (documents MD-ARCH-00028 through 00033) are genuine and authentic copies of two deeds dated September 2, 1964, MSA CM 393, PCM 171, pp. 4-6,  and May 4, 1983, MSA CM 393, PCM 900, pp. 104-106, recorded in the Circuit Court for Charles County conveying title to a parcel of land in Fairview Beach, Virginia, "including the pier extending into the Potomac River, and any and all other appurtenances assessed in Charles County, Maryland. . . ."

16. Exhibit __ (documents MD-ARCH-00034 through 00042) are genuine and authentic copies of three deeds dated May 12, 1993 and September 27, 1993 recorded in the Circuit Court for Charles County, Maryland, MSA CM 393, DGB 1797, pp. 98-100, and DGB 1848, pp. 1-2; 3-6, each of which convey title to "[Improvements on Water—Fairview Beach—Starlight Pavilion located in the Third Election District of Charles County, Maryland..."

17. Exhibit __ (document MD-ARCH-00043) is a genuine and authentic printout of the Maryland SDAT Real Property System database account as of August 29, 2001 for the "restaurant and bar" located in the Potomac River off Cole's Point, Virginia. Anita Jane Cryer appears as the present owner. The printout reflects SDAT's current assessed value $85,300 for the improvements. [http://mdag.net/megafile/msa/speccol/sc5300/sc5330/000005/000000/000005/unrestricted/cryer.tif]

18. Exhibit __ (document MD-ARCH-00044) is a genuine and authentic printout of the Maryland SDAT Real Property System database account as of September 4, 2001 for the "Fairview Beach Starlight Pavilion" located on the Potomac River. Fairview Beach, Inc. appears as the present owner. The printout reflects SDAT's current assessed value of $97,200 for the improvements. [http://mdag.net/megafile/msa/speccol/sc5300/sc5330/000005/000000/000005/unrestricted/starlightassess.tif]

19. Exhibit __ (documents MD-ARCH-00045 through MD-ARCH-00047) is a genuine and authentic copy of the Articles of Incorporation formed under the laws of Maryland for Belvedere Beach Pier, Inc, MSA T2725-3, PCM 3, pp. 250-252. The Articles of Incorporation were executed on August 10, 1953 and filed with the State Tax Commission of Maryland. The stated purpose for which the corporation was formed was to operate a tavern, bakery and restaurant. [Kathy, please note.  Because the boundary with Virginia below Washington D.C. was a fast line (see the two Mathews and Nelson reports, 1928 and 1930 respectively), commonly agreed upon by the two states in 1877 and again in the 1920s by laws enacted by each, it might be argued that any fast land deliberately filled in under any pier in Maryland waters does not accrete to Virginia but remains Maryland land, hence the remains of the pier stay on the tax rolls until at least 1976.]

20. Exhibit __ (documents MD-ARCH-00048 through MD-ARCH-00051) is a genuine and authentic copy of a Certificate of Incorporation formed under the laws of Maryland for Freestone Yacht Club, Inc, MSA T 3233-2, PCM 4, pp. 287-290. The Certificate of Incorporation was executed on January 31, 1957 and filed with the State Tax Commission of Maryland. The stated purposes for which the corporation was formed included the ownership and operation of a restaurant and tavern business.

21. Exhibit __ (documents MD-ARCH-00052 through MD-ARCH-00055) is a genuine and authentic copy of the Certificate of Incorporation formed under the laws of Maryland for Freestone Amusement Company, Inc., MSA T 3233-2, PCM 4, pp. 291-294 The Certificate of Incorporation was executed on January 31, 1957 and filed with the State Tax Commission of Maryland. The stated purposes for which the corporation was formed included the ownership and operation of amusement parks, piers, "vessells", buildings and restaurants.

22. Exhibit ___ (documents MD-ARCH-00056 through MD-ARCH-00059) is a genuine and authentic copy of the Certificate of Incorporation formed under the laws of Maryland for Aqua-Land, Inc., MSA T 2725-4, PCM 5, pp. 416-419. The Certificate was executed on August 5, 1959 and recorded with the Maryland State Department of Assessments and Taxation. The stated purposes for which the corporation was formed include the ownership and operation of amusement parks, piers, buildings and restaurants.

23. Exhibit __ (documents MD-ARCH-00060 through MD-ARCH-00069) are genuine and authentic copies of Articles of Incorporation executed on October 5, 1951, Stock Issuance Statement dated October 19, 1951 and Articles of Revival dated June 22, 1962 for Little Reno, Inc., MSA T 2725-3, PCM 3, pp. 1-7 & MSA T 2725-6, PCM 7, pp. 125-127. The corporation was formed for the purpose of owning and operating amusement parks, piers and restaurants. The Articles of Incorporation and the Stock Issuance Statement were recorded with the Maryland State Tax Commission. The Articles of Revival were recorded with the Maryland State Department of Assessments and Taxation. [Jen: note the date error?  in your citation for PCM 7]

24. Exhibit __ (documents MD-ARCH-00070 through MD-ARCH-00072) is a genuine and authentic copy of the Articles of Incorporation formed under the laws of Maryland for Starlight Pavilion, Inc. The Articles of Incorporation were executed on May 15, 1959 and recorded with the State Tax Commission, MSA T 2725-4, PCM 5, pp. 382-384. The stated purpose for which the corporation was formed included the ownership and operation of a tavern and restaurant.

OFFICES OF THE ATTORNEY GENERAL
DEPARTMENT OF THE ENVIRONMENT
2500 BROENING HIGHWAY
BALTIMORE, MARYLAND 21224
FAX: (410) 631-3943

J. JOSEPH CURRAN, JR.
ATTORNEY GENERAL

CARMEN M. SHEPARD
DEPUTY ATTORNEY GENERAL

DONNA HILL STATON
DEPUTY ATTORNEY GENERAL

M ROSEWIN SWEENEY
PRINCIPAL COUNSEL

KATHY M. KINSEY
DEPUTY COUNSEL

WRITER'S DIRECT DIAL NO. (410) 631-
 

HELEN E.AKPARANTA
LYNN R. ANGOTTI
ANDREA SAUM BAKER
NORMA JEAN KRAUS BELT
TERRILYN E. BROOKS
DAVID R. BURKE
ELLEN W COHILL
JOHN VAN LEAR DORSEY
ROBERT FIELD
MICHAEL V. FORLINI
LORRAINE HERSON-JONES
FRANK R. LEVI
SHEILA LUNDY-MOREAU
KENNETH D. PACK
DEBRA A. SMITH
ADAM D. SNYDER
JENNIFER LWAZENSKI
STEPHANIE COBB WILLIAMS
NANCY W. YOUNG MATTHEW ZIMMERMAN
ASSISTANT ATTORNEYS GENERAL

JACQUELINE S. RUSSELL
STAFF ATTORNEY

Edward C. Papenfuse, Ph.D.
206 Oakdale Road Baltimore, MD

Re: Virginia v. Maryland

Dear Dr. Papenfuse:

Enclosed please find: a draft affidavit by which we will authenticate certain State records provided to us by Archives and two summary charts based on some of those records. Exhibit 1 is a summary chart of Charles County Circuit Court records (excluding liquor licenses). Exhibit 2 is Charles County Circuit Court licensing records (excluding liquor licenses). Exhibit 3 is Charles County Circuit Court slot machine records. Exhibit 4 is Charles County Circuit Court liquor license records. Exhibit 5 is the original bill of complaint from the appendix in Miedzinski v. Landman. Exhibit 6 is liquor license and business records from St. Mary's County Circuit Court. Exhibit 7 is the St. Mary's County slot machine license for Loren Landman. Exhibit 8 is a summary of the relevant information in Exhibit 6. I have also enclosed for your convenience some of the excellent summaries provided to us by Jennifer Hafner.

Adam Snyder will drop off Exhibits 9 and 10 at your home. On Friday you should receive from Kathy Kinsey via UPS a copy of additional paragraphs we will be adding to your affidavit after the holiday, along with the documents that those paragraphs describe.

Your affidavit is a work in progress and you will see that there are a few "place holders" reminding me to double check certain information. Given the number of documents

Edward C. Papenfuse, Ph.D. November 20, 2001 Page 2

involved, I thought it best to let you get started now on your review. I will be in the office again on Monday. Kathy Kinsy and Andy Baida will be working tomorrow if you need to speak to them.

Sincerely,
M. Rosewin Sweeney
Principal Counsel

[Enclosure:]
 

IN THE SUPREME COURT OF THE UNITED STATES
COMMONWEALTH OF VIRGINIA, Plaintiff,

v.

STATE OF MARYLAND, Defendant.

No. 129, Original
Before Special Master
Ralph I. Lancaster, Jr.

DECLARATION OF  [Dr.] EDWARD C. PAPENFUSE

Being more than 18 years of age and competent to testify, [Dr.] Edward C. Papenfuse states as follows:

1. I am the [State Archivist and Commissioner of Land Patents] Archivist for the State of Maryland and custodian of certain records for the Circuit Courts of Maryland. I am also the custodian of certain records for the Maryland Courts of Appeal and for agencies of the State government. These records are maintained in the custody of  deposited at the Archives in accordance with the Maryland State Government Code Annotated, Title 9, Subtitle 10, Part I, and Title 10, Subtitle G, Part V. The following exhibits have been examined by me and compared to the original records at the Maryland State Archives. They are hereby certified as accurate facsimiles reproduced from MSA SC 5796 and marked as exhibits MD-ARCH-  - ).

2. I have reviewed various records of the Circuit Court of Charles County for 1949 through 1986 of licenses issued by Charles County. Archives records reflect that a [blank] Charles County Circuit Court volume [intended to contain] containing certain license information for 1977 through 1979 was discarded. A true and accurate summary of Charles County traders, cigarette, special cigarette, restaurant, music box

[p. 1]

soda fountain, amusement device, billiard and dance license records issued to establishments located offshore of Virginia is attached hereto as Exhibit 1. This exhibit summarizes documents from 1949 to 1976 and 1980 and 19816 that are labeled MD-ARCH-00080-00173, which are genuine and authentic copies of Charles County Circuit Court license records maintained by the Maryland State Archives in MSA T 2163 Archives of Maryland and are attached hereto as Exhibit 2. Attached hereto as Exhibit 3 are MD-ARCH-00002, 00004-00009, which are genuine and authentic copies of Charles County Circuit Court Amusement Device Operators License [slot machines] records from 1958 that are maintained by the contained in MSA SC 5796-16-133 Archives of Maryland. Attached hereto as Exhibit 4 and labeled MD-ARCH-00256-00397 are genuine and authentic copies of Charles County Circuit Court liquor license records from 1952 to 1986 contained in MSA T 2182.

3. The records reflect that, following the legalization of gambling in Charles County, Laws of Maryland 1951 Chapter 183, Laws of Maryland 1949, Chapter 678, several establishments located offshore of Virginia came to the Circuit Court for Charles County to obtain traders licenses, cigarette licenses, restaurant licenses, music box licenses, vending machine licenses, dance licenses, soda fountain licenses, amusement licenses, and amusement device [slot machine] operators licenses and liquor licenses. Court records from this period also reflect that other businesses [offshore of Virginia?] without slot machines obtained traders licenses and music box licenses in the 1950s and 1970s.

4. Slot machines on piers inaccessible by foot from fast land in Maryland were outlawed in 1958 and outlawed altogether by 1968. See Miedzinski v. Landman, 218 Md. 3 (1958). A genuine and authentic copy of the complaint in that case, from

[p. 2]

the appendix filed in that appeal, is attached hereto as Exhibit 5. MD-CHAS-00035-00068 contained in MSA SC 5796-16-133. The complaint identifies the 1958 operators of casinos located in Charles County in waters offshore of Virginia as: Clara McGuigan T/A Belvedere Beach Pier; Roger D. Welch T/A Fairview Beach Pier; Little Reno, Inc.; Colonial Beach Piers, Inc.; The General Amusement Company; and Freestone Amusement Co., Inc.

5. According to license records, an establishment known as the Little Steel Pier, in Colonial Beach, Virginia, operated from at least 1951 to 1954. Court records reflect that William Earl Hindle, Little Steel Pier, Colonial Beach, obtained a traders license in 1950, 1951, and 1954 and a cigarette license in 1951 and 1954. Exhibit 2 (MD-ARCH-0084-0085, 0096-0097). Mr. Hindle, Earl Royster, and Lola Glover, T/A Colonial Amusement Company of Colonial Beach obtained a traders license and a cigarette license in 1952. Exhibit 2 (MD-ARCH-0086-0087). Mr. Hindle obtained a license for the sale of beer, wine, and liquor in 1952. Exhibit 4 (MD-ARCH-00259). The Colonial Amusement Company renewed the license in 1953 and 1954. Exhibit 4 (MD-ARCH-00261-00267). Records for 1953 reflect that the Colonial Amusement Company of Colonial Beach also obtained a traders license, a cigarette license, and a music box license in 1953. Exhibit 2 (MD-ARCH-0092-0093). There are no license records at Archives relating to Little Steel Pier after 1954. [The Little Steel Pier was established in 1950, and was destroyed by hurricane Hazel around 15 October 1954. (See "Gambling" chapter from Frederick Tilp. This Was Potomac River. Alexandria, VA: Frederick Tilp, 1987, pp. 298-304.)]

6. According to the records, a second establishment, Little Reno, operated from at least 1951 to at least 1986. In 1951, Hazel M. Bowie, T/A Little Reno, Colonial Beach, obtained a traders license, a cigarette license, and a restaurant
 

[p. 3]

license. Exhibit 2 (MD-ARCH-0080-0081). From 1953 to 1984, Little Reno obtained liquor licenses on an annual basis. Exhibit 4 (MD-ARCH-00262, 00265, 00268, 00272, 00276, 00281, 00286, 00293, 0299, 00305, 00312, 00318, 00322, 00330, 00332, 00337, 00341, 00356, 00357, 00363, 00368, 00369, 00374, 00377, 00379, 00381, 00382, 00385, 00387, 00389, 00391, 00393). In 1985 and 1986 the liquor licenses issued to Reno of Colonial Beach, Inc. Exhibit 4 (MD-ARCH-00395, 00397). In 1953, Little Reno, Inc. of Colonial Beach obtained a traders license and a cigarette license, which it renewed each year through 1958. Exhibit 2 (MD-ARCH-0098-0099, 00114-00115). Little Reno obtained a restaurant license in 1954, which it renewed in 1957 and 1958. Exhibit 2 (MD-ARCH-0098-0099, 00114-00115). Little Reno obtained a dance license in 1956, which it renewed in 1958. Exhibit 2 (MD-ARCH-0098-0099, 00114-00115). Little Reno obtained a special cigarette license and an amusement license in 1957 and 1958. Exhibit 2 (MD-ARCH-00114-00115). Southern Maryland Novelty obtained a music box license for Little Reno in 1957 and 1958. Exhibit 2 (MD-ARCH-00118-00119). On April 26, 1958, Southern Maryland Novelty Company paid $43,350.00 for two Amusement Device Operators Licenses [slots] for the operation of 253 slot machines at Little Reno. Exhibit 3 (MD-ARCH-00007-00008). Slot machines were outlawed in [on piers inaccessible by foot from fast land in Maryland in 1958] and altogether by 195868. See [Laws of Maryland 1958, Chapter 18, and] Miedzinski v. Landman, 218 Md. 3(1958).

7. In 1962, Little Reno obtained a traders license and a restaurant license. Exhibit 2 (MD-ARCH-00136-00137). BZ Vending Service obtained a cigarette license for Little Reno in 1963. Exhibit 2 (MD-ARCH-00130-00131). According
 
 

[p. 4]

to the records, Little Reno suffered a fire in 19634, Exhibit 2 (MD-ARCH-00130-00131), but apparently reopened by 1966, obtaining a traders license, a cigarette license, a special cigarette license, a music box license, and a vending machine license on November 23, 1966.  Exhibit 2 (MD-ARCH-00146-00147). These licenses were renewed in 1967 and all but the vending machine license were renewed annually through 1976. Exhibit 2 (MD-ARCH-00146-00147, 00152-00153, 00158-00159, 00164-00165). For each year from 1968 through 1976, Little Reno also obtained a restaurant license, a soda fountain license, and billiards licenses. Exhibit 2 (MD-ARCH-00152-00153, 00158-00159, 00164-00165). Vending machine licenses were obtained again in 1974, 1975, and 1976. Exhibit 2 (MD-ARCH-00164-00165). The court records reflect that Little Reno paid penalties for all its licenses on August 8, 1968, June 18, 1969, June 17, 1970, and January 1, 1971. Exhibit 2 (MD-ARCH-00152-00153, 00158-00159). Little Reno is still in existence today as Flanagan's (see current assessment).

8. As is noted above, except for liquor license records, licensing records from the Circuit Court for Charles County are missing were destroyed for the period from 1977 through 1979. However, in 1980 Little Reno obtained a traders license, a cigarette license, a special cigarette license, a restaurant license, a music box license, a vending machine license, a soda fountain license, billiard licenses, and an amusement license. Exhibit 2 (MD-ARCH-00170-00171). Little Reno renewed all but the vending and soda machine licenses in 1981, the last year for which license records other than liquor licenses are available at Archives. Exhibit 2 (MD-ARCH-00170-00171).
 

[p. 5]

9. The circuit court records show that a third establishment, the Monte Carlo, was owned by Bruce Shymansky and operated from at least 1952 to at least 1963. The Monte Carlo was identified in court records for 1952 as located in Charles County, offshore Colonial Beach. Mr. Shymansky appears in liquor license records as renewing a beer, wine and liquor license in 1952, 1953, and 1959. Exhibit 4 (MD-ARCH-00257, 00262, 00296). Trading as Monte Carlo, Shymansky obtained a traders license, a cigarette license, and licenses for one or more music boxes in 1952, 1953, 1954, and 1955. Exhibit 2 (MD-ARCH-0090-0091, 00102-00103). He obtained a traders license and a cigarette license again in 1956. Exhibit 2 (MD-ARCH-00102-00103). The General Amusement Co. obtained music box licenses on behalf of Monte Carlo in 1956. Exhibit 2 (MD-ARCH-0094-0095). Mr.Shymansky, T/A Monte Carlo obtained a traders license, a cigarette license, a special cigarette license music box licenses in 1957,1958, 1959, 1960, 1961, and 1962. Exhibit 2 (MD-ARCH-00116-00117, 00142-00143). Mr.Shymansky paid $17,500 on April 29, 1958 for an Amusement Device Operators License for 100 slot machines for the Monte Carlo. Exhibit 3 (MD-ARCH-00009). Trading as the Monte Carlo, Shymansky obtained an amusement license in 1959 and 1961, 1962, and 1963. Exhibit 2 (MD-ARCH-00116-00117, 00142-00143). He also renewed his traders license and music box license in 1963. Exhibit 2 (MD-ARCH-00142-00143). The Macke Vending Co. obtained a special cigarette license in 1963 for the Monte Carlo. Exhibit 2 (MD-ARCH-00138-00139). This is the last entry for the Monte Carlo,

[p. 6]

and court records reflect it suffered a fire in approximately 1963[4]. Exhibit 2 (MD-ARCH-00138-00139[00143]).

10. A fourth establishment, the Jack Pot, operated from at least 1953 to at least 1960. Court records reflect that "Colonial Piers, Inc., Jack Pot (offshore in Md. Waters) Colonial Beach", obtained a traders license and a cigarette license in 1953, 1954, 1955, and 1956. Exhibit 2 (MD-ARCH-0092-0093). Colonial Piers obtained a traders license, a cigarette license, and a special cigarette license for Jack Pot in 1957 and 1958. Exhibit 2 (MD-ARCH-00108-00109). Court records reflect that $3,300.00 was paid for an Amusement Device Operators License issued on April 26, 1958, to Colonial Piers, Inc., T/A Jackpot, offshore, Colonial Beach, Va., for 26 slot machines. Exhibit 3 (MD-ARCH-00006). Court records reflect that Wiliam E. Hitch, individually and trading as Jack Pot Pier, obtained liquor licenses in 1952 and 1953. Exhibit 4 (MD-ARCH-00258). Hitch transferred the liquor license to Florence A. Reese and Dennis R. Connor, t/a Colonial Piers, Inc., in 1953. Exhibit 4 (MD-ARCH-00259). Colonial Piers, Inc. renewed the liquor license annually from 1954 through 1959. Exhibit 4 (MD-ARCH-00264, 00269, 00274, 00277, 00280, 00287). Southern Maryland Novelty obtained music box licenses on behalf of Florence Reese from 1954 to 1956 and in the name of the Jack Pot in 1957 and 1958. Exhibit 2 (MD-ARCH-00104, 00105,00118,00119).

11. The liquor license for the Jack Pot transferred in 1959 from Colonial Piers, Inc. to Dennis R. Connor who maintained a liquor license through 1972. Exhibit 4 (MD-ARCH-00288, 00294, 00298, 00303, 00310, 00316, 00321, 00327, 00333,
 
 

[p. 7]

00338, 00348, 00355, 00357 (t/a Jack Pot, Aqua Land Park), 00362). Dennis R. Connor, t/a Jack Pot, Aqualand Park, obtained a traders license and a restaurant license in 1959 and cigarette license and special cigarette licenses in 1960. Exhibit 2 (MD-ARCH-00110-00111). Conner obtained a traders license and a special cigarette license in 1960 and a music box license and a billiard license in 1961. Exhibit 2 (MD-ARCH-00110-00111). NOTE: a Delbert Connor was also getting liquor licenses in the sixties and seventies but I can't hook him up here. See Sheila's affidavit with minutes for references to Delbert Connor connected to Little Reno. (Note: The Baltimore Sun article "Slot Machine, Ad Tax Bans are Signed by McKeldin," 7 March 1958 mentions Dennis and Delbert Conner. See MSA SC 5330-5-3)

12. Licenses were also issued to a fifth establishment, the Starlight Pavilion, beginning in 1957 and through at least 1986. The records reflect that Roger D. Welch, T/A Starlight Pavilion, of offshore Virginia or offshore Fairview Beach, Virginia, obtained traders, cigarette, special cigarette, restaurant, and music box licenses in 1957 and 1958. Exhibit 2 (MD-ARCH-00120-00121). On April 29, 1958, an Amusement Device Operator's License costing $5,050.00 issued to Roger D. Welch, T/A Fairview Beach Pier, for the operation of 29 slot machines. Exhibit 3 (MD-ARCH-00004). From 1959 through 1976 and again in 1980 and 1981, traders, cigarette, special cigarette, restaurant, and music box licenses were issued to Starlight Pavilion, Inc. Exhibit 2 (MD-ARCH-00122-00123, 00140-00141, 00148-00149, 00154-00155, 00160-00161, 00166-00167, 00172-00173). Liquor licenses issued to Roger D. Welch from 1956 to 1958 (Exhibit 4 (MD-ARCH-00272, 00275, 00282)) and to Starlight Pavilion, Inc. from 1959 through at least 1986. Exhibit 4 (MD-ARCH-00289, 00291, 00295, 00302, 00307, 00315,

[p. 8]

00323, 00329, 00336, 00344, 00346, 00352, 00359, 00361, 00365, 00370, 00373, 00376, 00378, 00380, 00383, 00384, 00386, 00388, 00390, 00392, 00394, 00396).

13. Licenses were first issued for a sixth establishment in 1957. Known as Freestone Yacht Club, Inc., it was identified as located in the "2nd Precinct, 7th Election District" of Charles County and also as "Potomac River offshore Virginia". Exhibit 2 (MD-ARCH-00112-00113). In 1957, traders and restaurant licenses issued to Freestone Yacht Club, Inc. and cigarette and special cigarette licenses issued to Louis Ferlazzo on behalf of the corporation. Exhibit 2 (MD-ARCH-00112-00113). In 1958, J. Grant Wright obtained 22 vending machine licenses for the Freestone Point Yacht Club located in the "Potomac River, 2nd Precinct, 7th Election District". Exhibit 2 (MD-ARCH-00124-00125, 00126-00127). Also in 1958, an Amusement Device Operator's License for 100 slot machines issued to "Freestone Amusement Co., Inc., T/A Freestone Amusement Co., Inc., in second precinct of seventh election district of Chas. Co., Md., offshore from Freestone Point in the Potomac River." Exhibit 3 (MD-ARCH-00005). Liquor licenses issued to Freestone Yacht Club in 1957 and 1958. Exhibit 4 (MD-ARCH-00279, 00284).

14. A seventh establishment, Belvedere Beach Pier, Inc. located offshore of Belvedere Beach, Virginia, obtained traders, music box, cigarette and special cigarette licenses from 1958 to 1964, amusement licenses from 1960 to 1964, and restaurant licenses from 1961 to 1964. Exhibit 2 (MD-ARCH-00106-00107, 00128-00129). An Amusement Device Operators License issued on May 2,

[p. 9]

1958, allowing the operation of 10 slot machines at Belvedere Beach, Offshore, Belvedere Beach, Virginia. Exhibit 3 (MD-ARCH-00002). Belvedere Beach Pier, Inc. obtained liquor licenses from 1953 to 1970. Exhibit 4 (MD-ARCH-00263, 00266, 00270, 00271, 00278, 00283, 00285, 00292, 00297, 00306, 00308, 00314, 00324, 00326, 00331, 00342, 00345, 00353). 15. In addition to the casinos described above, music box licenses were obtained annually by Howard George of Southern Maryland Novelty Company on behalf of John Reese of Colonial Beach, Virginia from 1951 to 19562?. Exhibit 2 (MD-ARCH-0082-0083). Mr. Reese obtained a liquor license in 1952. Exhibit 4 (MD-ARCH-00259). C. Walter Hendrix obtained liquor licenses in 1959, 1961, 1962, 1963, 1964, 1965 , 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1974. Exhibit 4 (MD-ARCH-00290, 00296, 00301, 00309, 00313, 00319, 00325, 00335, 00340, 00350, 00351, 00358, 00364, 00366, 00371). (Don't know relevance of Hendrix Hendrix owned businesses on both sides of the water.  It is not clear from the record whether these licenses are for property off the Virginia shore.  See Conner v. Henrix 194 Va 17, MSA SC 5796-16-26 and Hendrix v. State,  200Md 380, MSA SC 5796-16-550.)

16. A traders license issued to Robert C. Bailey, Recreation Center, Colonial Beach, in 1950. Exhibit 2 (MD-ARCH-0080-0081). A traders license and a cigarette license issued to Potomac Piers Inn, Colonial Beach, in 1950. Exhibit 2 (MD-ARCH-0088-0089). A traders license issued to Harry H. Hickey, Joyland Pier, Colonial Beach, in 1950 and a traders license and cigarette license issued to him in 1951. Exhibit 2 (MD-ARCH-0084-0085). William T. Tate of Colonial Beach obtained a traders license in 1974 and 1975. Exhibit 2 (MD-ARCH-00168-00169). June L. Boyce of Colonial Beach obtained a traders license in 1976. Exhibit 2 (MD-ARCH-00162-00163).

[p. 10]

17. Double check: Gambling became legal in St. Mary's County after the enactment of Laws of Maryland 1947, Extra Session, Chapter 32, Laws of 1949, Chapter 417, Laws of Maryland, 1951, Chapter 181. The original complaint in Miedzenski v. Landman, 218 Md. 3 (1958), reflects that plaintiff Loren L. Landman operated a casino known as Coles Point Tavern offshore of Coles Point, Virginia and was licensed in 1958 for 7 slot machines. Exhibit 5 (MD-CHAS-00036-00068), taken from MSA T 2088. Attached hereto as Exhibit 6 are genuine and authentic copies of license records of the Circuit Court for St. Mary's County, identified as MD-ARCH-00174-00200, 10000-10074, and are taken from MSA C 1640,  MSA T 3021, and  MSA C 1553. The records reflect that Loren Landman or James V. Mattingly on his behalf obtained coin operated machine (slot) licenses annually from 1954 through 1958. Exhibit 6 (MD-ARCH-10000-10005). A genuine and authentic copy of Mr. Landman's 1958 license is attached hereto as Exhibit 7 and numbered MD-ARCH-00003, taken from MSA SC 5796-16-133. Loren Landman, Loren L. Landman, and Loren Leo Landman appear as having obtained liquor licenses annually from 1954 through 1980. Exhibit 6 (MD-ARCH-00175-00200). The same names appear in Exhibit 6 as having obtained restaurant licenses from 1954 to 1971 (10010-10012, 10026-10030, 10051-10055, 10069-10070), traders licenses from 1954 through 1971 (10013-15, 10036-40, 10060-64, 10073-74), cigarette and/or special cigarette licenses from 1955 through 1971 (10006-10007,10016-10020, 10031-10035,10041-10045, 10056-10059, 10065-10066, 10071-10072), and music box licenses from 1955 through 1971 (10008-10009,

[p. 11]

10021-10025, 10046-10050). A summary chart of the records showing references for the licenses issued for this establishment from 1954 to 1980 is attached as Exhibit 8.

17. The records of the Board of Natural Resources, a precursor to the Maryland Department of the Environment, are also maintained at the Archives. Attached hereto are genuine and authentic copies of excerpts from the Board's annual reports from 1956, 1957, 1959 to 1965, and 1968. Exhibit 9 (MD-ARCH-00306-00347). [Adam has these labeled MD-OAG instead of MD-ARCH-]. Also attached hereto are genuine and authentic copies of an addendum to the minutes of the Board's October 15, 1956 meeting. Exhibit 10 (MD-ARCH-00348-00351), taken from MSA S 1391-3260 [Adam has these labeled MD-OAG instead of MD-ARCH-].

INSERT KINSEY WORK HERE. I WOULD ORDER IT: ARTICLES OF INCORPORATION, LAND RECORDS, SDAT (ASSESSMENT, REAL PROPERTY)

I declare under penalty of perjury that the forgoing is true and correct.

Executed on November __, 2001.

Sweeney\va v md\archives affO1

[p. 12]

map of Potomac as end papers

To: abaida@oag.state.md.us
asnyder@oag.state.md.us, asnyder@mde.state.md.us
rsweeney@mde.state.md.us
kkinsey@mde.state.md.us

From: Edward C. Papenfuse, State Archivist

The staff and I have completed our review of the proposed affidavit (two parts). They can be found at link and link. If you need hard copy it can be faxed to you. I am also attaching copies in html format (viewable in IE, Netscape, Opera, etc.).

I mentioned the recent BPW action on the power plant application for a wet lands license to Rosewin. I assume that you have what you need from that example but, if not, basic documents are posted on the web site.

Did anyone find a transcript of the hearing on 11/8/1956 which was held in Annapolis on what appears to be the first Fairfax application to withdraw water from the Potomac? We don't seem to have it.

As a footnote to the first ruling, I assume that you all have had access to Aaron L. Shalowitz, Shore and Sea Boundaries with Special Reference to the Interpretation and Use of Coast and Geodetic Survey Data. I have found his footnotes helpful, especially note 49 on page 508 of Volume II.

Please note that I have included minimal archival citations for the records. Under normal circumstances we would require a standard citation (such as the system that I devised for cataloguing and referencing the records in this case), but given the pressures of the deadline for submittal I have reduced the requirement to a short form that at least facilitates returning to and retrieving originals.

Also attached are two photographs of two of the gambling facilities mentioned in the affidavit, Little Reno and the interior of Fairview Beach.

Given the evidence you have accumulated, this phase of the case should go your way.

Ed