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Town solicitor: Spring Avenue rights-of-way case moves forward at CRMC; motions to dismiss pending in superior court
Summary
Westerly’s town solicitor told the council that the Coastal Resources Management Council subcommittee will consider Spring Avenue on June 10 and that the town has filed motions to dismiss related superior-court lawsuits; Sand Trail and Everett Avenue issues were also discussed.
Westerly’s town solicitor briefed the council on the status of multiple coastal public-right-of-way matters and related litigation.
The solicitor said the Coastal Resources Management Council (CRMC) is the state agency charged by statute with designating public rights-of-way to coastal water areas (he cited the statutory chapter and subchapter in the state code). He said the rights-of-way subcommittee has the Spring Avenue matter on its June 10 calendar and is expected to refer it to a public hearing before the full council, which by statute must be held in the community where the right-of-way is located.
The town has also filed motions to dismiss two superior-court lawsuits the fire district brought challenging rights-of-way matters. The solicitor said the court dismissed earlier venue defects and that motions to dismiss on the merits are scheduled: the Spring Avenue case motion to dismiss is set for hearing on July 8, and the Sand Trail case has a motion-to-dismiss hearing scheduled in September.
The solicitor described Everett Avenue as previously addressed in the 1980s and said the CRMC is completing an internal review of that record as a formality; he said a separate administrative review of Water’s Edge (not a challenge to status) is also underway. He emphasized CRMC’s process includes public hearings and expert testimony; the town has engaged expert witnesses and expects to present evidence at the public hearing.
The solicitor also clarified the Harbor Management Commission’s role: it may oversee public access and water-quality improvements at rights-of-way declared by CRMC, but it does not have authority to create or declare rights-of-way—that authority rests with CRMC under state law.
Councilors asked procedural questions about parking and seasonal parking rules near access points, and the solicitor and manager answered operational questions about signage and seasonal enforcement.
