Access to private waterway resolved
To the editor:
I’d like to share the news of the final determination of a 10-year lawsuit over the right of the public access to a remote park of our family property. It is quite likely you are aware of this outcome, but as a matter of clarity I want to provide you with our public statement.
The Brandreth Park Association and Friends of Thayer Lake LLC gratefully acknowledge that our lawsuit over public access to the privately owned Mud Pond Outlet and adjacent waters has ended in our favor. The defendant and intervenors did not appeal the decision of the trial court by the deadline, and as a result, the matter is automatically dismissed by court rule.
The piece of Adirondack wilderness known as Brandreth Park has always resonated strongly and deeply in our family history, and we have enthusiastically embraced our ongoing stewardship responsibilities to protect and preserve it for 168 years. Ten years ago, an individual intentionally trespassed on our property (and publicized his actions) in an attempt to establish a legal basis for public access. We responded by filing a lawsuit to protect our historic and constitutional rights to privacy, and we have now achieved that goal. The court’s judgment establishes that the Mud Pond Outlet and adjacent privately owned waters are not open to the public.
We are especially grateful to several organizations that provided amicus briefs and moral support over the years, including the Adirondack Landowners Association, the Empire State Forest Products Association and the Pacific Legal Foundation, as joined by the New York Farm Bureau and the Property Rights Foundation of America.
Brandreth Park Association