The town of Deep River finally got its way. We salute the town government and the brave citizens of Deep River, who refused to give in to the Blochs and their lawyer.

Deal Preserves Public Access To River
January 22, 2003
By CHARLES STANNARD, Courant Staff Writer

DEEP RIVER -- An 18-month fight over the status of Brockway Ferry Road has ended without a court trial. Last week, the board of selectmen unanimously approved a settlement with residents Daniel and Scottie Block that preserves public access to the Connecticut River on the small roadway that extends from River Road. The action ends a legal battle that began in June 2001, when the Blocks claimed ownership of the road based on a deed from a former landowner.

First Selectman Richard Smith said the settlement adheres to an offer presented by the Blocks last month. Residents at a Nov. 7 town meeting rejected an initial settlement that would have granted the couple a 25-foot conservation easement along their property on the south side of the road. The settlement confirms town ownership of the road while granting the Blocks a 15-foot buffer along their property line through a deed restriction. The buffer will remain in a natural state, though the Blocks would be allowed plant shrubs on it.

Smith said the Blocks will submit a sketch for approval by the board of selectmen before planting any shrubs on the buffer strip. The settlement also allows the town to post a single public access sign at the intersection of Brockway Ferry Road and River Road. The town's park and recreation commission plans to improve the public access area on the riverfront with limited parking for canoe and kayak users. In a concession to the Blocks, the selectmen agreed to approve the revised settlement without presenting it to voters at a town meeting. Smith said he decided a second town meeting was not necessary because the revised settlement addresses all issues raised by residents.

Smith said he is pleased that the town was able to preserve Brockway Ferry Road as public access to the riverfront without the expense of a court trial. "I'm happy with it," Smith said. "We spent some money on this, but it worked out in the end." Smith said the town spent about $25,000 in legal expenses on a case in which the town used both town attorney Jane Marsh and special litigation attorneys with the Hartford firm of Day, Berry, and Howard. Attorneys had estimated that a court trial would have cost at least an additional $15,000, with a possibility that the town would lose all public access to the riverfront if a judge accepted the Blocks' ownership claim.

John Bennet, the Essex lawyer representing the Blocks, could not be reached Tuesday for comment on the settlement.