Dennis Phillips, a Glens Falls attorney representing the Friends of Thayer Lake and the Brandreth Park Association, confirmed via email that his clients intend to file an appeal. He did not explain the basis behind it.
In 2010, the landowners filed a trespassing suit against Adirondack Explorer Editor Phil Brown for paddling through the waterway—which includes Mud Pond, the Mud Pond Outlet, and a portion of Shingle Shanty Brook—the previous year. Brown wrote about the trip for the Explorer in an article about navigation rights. State Supreme Court Justice Richard T. Aulisi ruled in February that the route is navigable-in-fact, meaning that it is open to paddlers under the common-law public right of navigation.
Last week, as part of the final order implementing his decision, Aulisi barred the landowners from replacing their recently removed “no trespassing” signs and cables blocking traffic from the waterway, declaring them a public nuisance.
As a result of Aulisi’s ruling, Caffry said, the waterway will be open to the public this spring unless the plaintiffs obtain a stay of the decision.
Photo: Phil Brown on Shingle Shanty Brook.