Marion residents granted access to Beach Street path
It’s been four months since residents of Beach Street in Marion began a legal battle to regain access to a beach path located on private property at the end of the street. Now, they’re celebrating.
On Friday, the Land Court notified the 35 plaintiffs that they had won the fight for the beach path access.
Although the ruling will not be official until next month, plaintiff and Beach Street resident Ned Flynn said he is thrilled.
“It appears to be the sweet smell of victory,” Flynn said.
The conflict began when the property’s owner Shay Assad, who works for the Department of Defense in Washington D.C., closed off the pathway leading to Silvershell Beach with a chain and “no trespassing” signs citing concerns with safety.
Assad has yet to comment on Friday’s court ruling.
In June, Assad’s attorney Jeff Angley of the Boston-based firm Phillips and Angley, said that Assad proposed relocating the path to a different location on his property.
“Mr. Assad had real concerns about what was happening on his property. The path opens right behind his garage. It’s pretty much impossible for him to back out of his garage and not hit somebody trying to use that path,” Angley said.
Flynn said that Assad did not followed through with his proposal.
“It seemed like he didn’t do anything if he was expecting to win,” Flynn said. “He didn’t have an engineering plan done on the property for the alternate route.”
Jeanette Turnbull of Converse Road said that Assad’s closing the pathway blocked a convenient access road for local beach-goers.
“Back in the day when people would go scalloping and quahoging, they would go down that path and nobody objected to it,” Turnbull said in June. “No one else has ever blocked the access. I used it as a kid. We all did.”
The plaintiffs argued for prescriptive easement under Massachusetts General Laws.
The law states that if people other than the property owners use a parcel of land for over 20 years without opposition from the owner, then people have a right to continue using that land.
Since the case went to court, Flynn created signs for supporters to post on their property that read: “Help save our beach path. Take down the wall.”
Since Friday, the plaintiffs have exhibited their excitement with the win by painting “Won,” on the signs.
With the court battle nearly over, Flynn said it will be back to business as usual next summer for local beach-goers.
“We’re very happy and everything is going back just as it was,” Flynn said.