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The original item was published from 12/8/2022 11:06:00 AM to 1/1/2023 12:05:04 PM.

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Posted on: December 8, 2022

[ARCHIVED] Land Court Decision - Estabrook Trail

The Concord Select Board is pleased to have received the Massachusetts Land Court’s decision in Town of Concord v. Rasmussen et al., which confirms the public’s continuing right to access and use Estabrook Trail (the unpaved portion of Estabrook Road that runs through Estabrook Woods). The Land Court’s decision carefully and thoroughly considered the extensive evidence and arguments presented by all parties and ruled in the Town’s favor.

The Town is committed to responsible public use of the trail. The Select Board reiterates its support of the trail usage rules that have been posted for the past few years, including keeping all dogs on leashes and prohibiting motorized vehicle access. We also remind visitors to respect our neighbors by remaining on the trail and keeping off the surrounding private property.  Over the coming weeks, the Town will review and update the signage for the trail to ensure it reflects respect for neighboring properties while aligning with the rights of public access as confirmed by the Court.

The Select Board hopes that the Land Court’s comprehensive decision can persuade the defendants to move away from a litigating position and toward a cooperative approach to managing public use of the trail. While we were disappointed to learn that the defendants have moved to appeal the decision, the Select Board continues to welcome the landowners’ input in continuing to preserve Estabrook trail as an important public resource for all. 

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