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Westerly council, solicitor say goal is to preserve public access as Napa Tree/ Fort Road litigation continues
Summary
Town solicitor and dozens of residents pressed the council to preserve foot access to Napa Tree Point while the town and other parties remain in early, confidential settlement discussions; council later entered executive session on the case and reported a 4-3 vote in closed session.
Westerly — The town solicitor told the Town Council on Monday that the council’s objective in talks over the litigation involving Fort Road and Napa Tree Point is to “protect and preserve public access,” and that no settlement would be finalized at the meeting.
That assurance came as more than two dozen residents — many wearing white shirts — urged the council in public comment to preserve the 2008 town resolution declaring Fort Road a public right of way and to keep any settlement talks in public view.
Town Solicitor William Connolly framed the legal situation and the council’s approach. “The reality is that this matter is not settling tonight,” Connolly said, adding that the town has engaged in “good faith discussions” with other parties while working “with the attorney general’s office.” He described the litigation as involving multiple parties: the Watch Hill Fire District, the town, the Department of Environmental Management and many private property owners, and he warned that detailed legal analysis and strategy shared publicly could undermine the town’s negotiating position.
Why it matters: Residents said the dispute threatens longstanding public access to Napa Tree Point, a popular beach and fishing spot. Several speakers cited a 02/2008 town resolution and a November 2024 charter amendment that they say bar the council from abandoning rights of way to the shoreline. The council and solicitor said state agencies and recorded conservation easements also shape the options.
What council heard and discussed - Dozens of residents urged the council to retain Fort Road as a town-designated right of way and to reject any closed-door settlement that would diminish public foot or drop-off access. “This is all about control,” resident Benjamin Webber said. “Your stated good faith discussions absolutely under no circumstances should a settlement agreement be made in regard to public easement rights … behind closed doors.” - Community groups including the Rhode Island Saltwater Anglers and the South County Tourism Council cautioned the council that loss of access would harm fishing, tourism and longtime recreational use. “Public access to this iconic peninsula undoubtedly contributes significant year‑round quality of life and to our economy,” Dan King of the Saltwater Anglers said. - Solicitor Connolly explained legal constraints and the role of state agencies, including the Rhode Island Department of Environmental Management and the Attorney General’s Office, and described the conservation easement that permits pedestrian access but limits vehicle use.
Discussion, privileges and process Connolly told the council that public discussion of legal strategy can waive attorney‑client and work product protections and give opposing parties access to the town’s legal analysis. “Any discussion in public which addresses those matters essentially ends the attorney‑client privilege and, essentially, ends the real product privilege,” he said. He recommended keeping strategy-specific matters in executive session while updating the council in public reports.
Action taken - The council voted to enter executive session to discuss litigation involving the Watch Hill Fire District and the town. After executive session the council reported that a vote had been taken in closed session and that the motion failed 4–3; the minutes of the executive session remain sealed.
What we don’t know yet The solicitor and council said they are still in preliminary stages of any settlement discussions; no final agreement had been presented or approved at the meeting. The precise terms under discussion, and whether any draft settlement will be shared for public comment, were not disclosed.
Looking ahead Council members said they will continue to work with the Attorney General’s Office, RIDEM and other parties. Council President Chris Duhamel said the council’s public stance is clear: preserve and protect pedestrian access to Napa Tree Point. Residents pressed for written legal opinions and public hearings before any settlement affecting rights of way is finalized.
