Warren hired an attorney who opined that the path can be considered a
public right of way. Carter engaged an attorney who begged to differ
and argued that there is no deeded right of way. The town wanted to
hire a surveyor to complete a record map of the right of way and file
that in the town land records and Carter's attorney forbade any town
representative or agent from entering her property for any reason.
In the meantime, Warren residents, parents and pedestrian path
activists have been lobbying for the town to do something to regain
access to the path -- which shortens the walk from the village to the
school by at least half and also allows walkers to stroll through the
woods rather than alongside the Brook Road and up the school access
road.
And now the town has filed a petition for declaratory judgment in
Washington Superior Court asking that the court issue a ruling finding
that Warren has rights to the path by deed and/or prescription. Warren
has asked that the court issue an injunction preventing Carter from
reposting the path and Warren has asked that the court award attorney's
fees and costs as it deems appropriate.
Warren's petition notes that children are walking the long way around
to get to school and winter is approaching and there is no sidewalk.
That is unfortunate. It is unfortunate that there is no sidewalk and
that there is no legitimate pedestrian path leading from the village to
the school. But surely those issues -- winter approaching and lack of
paths and sidewalks -- should be the subject of forward-thinking
planning and not a last resort attempted by the town to coerce the
court into giving what might be private land to the town.
This issue has become overwrought with emotion and litigation and has
the town reacting rather than proactively planning. Surely there is a
better way forward on this issue.
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