TUNBRIDGE — The owners of a former dairy farm that dates back to the 19th century are suing the town of Tunbridge over a dispute regarding the usage of two public trails that run through their property.
John Echeverria and Carin Pratt say in the filing that they “have not posted the land to restrict hunting and have permitted use of the land by the public for a variety of recreational activities, including snowmachines, hiking, skiing and snowshoeing,” but they are opposing the use of wheeled vehicles including ATVs, motorcycles and bicycles on the 325 acres known as Dodge Farm.
The lawsuit cites concerns that include “potential damage to wetlands along the trails from bicycle use and risks to the safety of trail users (and potential liability for injuries),” as well as stating that “opening these trails to bicycle use would seriously interfere with the Plaintiffs’ use and enjoyment of their property” and also create a “safety risk for the Plaintiffs and others who live, work in or otherwise frequent” the area that the trail crosses through.
Echeverria and Pratt moved from Washington, D.C., to Strafford more than a decade ago. They rent the Dodge Farm property, which they purchased in 2015, to a Tunbridge resident. They also “have granted permission to a neighbor to pasture cows on the property” and use two barns.
Pratt was a longtime production executive with CBS’ Face the Nation. Echeverria is a professor at Vermont Law School and a property lawyer himself.
Norwich attorney Geoffrey Vitt is representing the couple.
The suit alleges that the Selectboard has not been open to taking into account the concerns about cyclists and continues to permit cyclists on the trail. Under state law, the suit maintains, permission wasn’t the town’s to grant in the first place.
The suit argues that because a trail, like the Orchard and Baptist Hill trails that cross Dodge Farm, “is not a part of the town highway system” it’s not in the purview of the Selectboard.
While the filing hinges on the technical legal definitions of rights of way, both parties stressed the common-sense issues at the heart of the lawsuit.
“Our position is that the authority to maintain the public trail remains with the landowner,” Vitt said.
“I’m not saying we have the right to say who gets to use it, but I am saying we have the right to make the decision about how, if at all, the public trail is to be maintained.”
Before the lawsuit brought it to a head, the dispute had been playing out in Selectboard and Planning Commission meetings for almost two years and saw the formation of a Tunbridge Trails Committee.
“I just think trails should remain open,” Tunbridge resident and cyclist Michael Sacca said. “They are increasingly useful for public access to land, and they are public right of ways.”
Sacca participated in public discussions with the trails committee, pushing for the trails to remain open to use by cyclists and even suggested that a group of residents, rather than the town, could be in charge of trail maintenance.
“It’s a good opportunity for conservation groups and local volunteers to get together and keep these trails in good shape for everybody,” Sacca said.
The passion behind the debate is not lost on town officials.
“Having hosted all of these public forums and gotten so much feedback — a lot of it’s on video record — it’s really easy to see the level of emotion that’s contained in this discussion,” said Laura Ginsburg, co-chair of the planning commission.
“Access to the outdoors is one of the things that makes this place special,” Ginsburg said, adding that people use various roadways in Tunbridge, from town highways to legal trails to private property, for outdoor recreation.
Montpelier attorney Paul Gillies is representing the town. Gillies, as well as members of the Selectboard, declined to comment.
Ginsburg stressed that the lawsuit has broader implications for the usage of trails that run through private properties across the state — an issue that’s had little attention in Vermont courts.
“It’s like this legal gray area that you don’t know exists until somebody pushes back against it,” Ginsburg said. “We’re keenly aware that what happens in Tunbridge is going to impact other towns.”
