Last month, the state’s top tribunal, the Court of Appeals, heard arguments in a legal dispute over the public’s right to paddle a two-mile stretch of water near Lake Lila. It is sometimes referred to as the Mud Pond Waterway.
I paddled the waterway in 2009 and was sued for trespass the following year. A state Supreme Court judge dismissed the lawsuit in 2013. The Appellate Division upheld the ruling in 2015, but the landowners appealed a second time.
Given that a ruling in the Court of Appeals could have statewide ramifications, there is a fair amount of interest in the case. Several reporters and photographers attended the oral arguments, and a number of newspapers around the state and outside the state ran stories.
Some news stories said the appellants — the Brandreth Park Association and the Friends of Thayer Lake — have owned the property since the mid-1800s. This is understandable, as a summary of the case on the Court of Appeals website stated that the land in question has been in the hands of the Brandreth family “since an ancestor bought it from the State in 1851.” » Continue Reading.