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Barnstable County votes to join amicus brief in Concord v. Rasmussen road-discontinuance appeal
Summary
Barnstable County commissioners voted unanimously April 9 to join an amicus brief asking the Massachusetts Supreme Judicial Court to limit post‑discontinuance public rights over certain historic, unimproved roads, citing potential impacts on county and conservation lands.
Barnstable County Commissioners on April 9 voted to sign onto an amicus brief asking the Massachusetts Supreme Judicial Court to review a Land Court ruling in Town of Concord v. Rasmussen (SJC 13721) and clarify whether public rights survive historic road discontinuances.
The commissioners approved a motion to support the brief after attorneys and local conservation representatives described the statewide implications. “We believe that this case ... will have effect on discontinued ways throughout the Commonwealth, including some in Barnstable County,” said Gwen King, an attorney representing landowners in the appeal. King told the board the case turns on language in the 1924 version of Chapter…
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