Judge Sides With Concord Order To Open Estabrook Trail Entrance

CONCORD, MA — The north entrance of the Estabrook Trail in Concord will be reopened. The town announced that a judge approved its motion for a preliminary injunction against the owners of the property that Estabrook Road and trail cut through.

The order prohibits the defendants, “from gating, closing, blocking, or otherwise interfering with public access to Estabrook Road, Estabrook Trail, or any part thereof,” and “from maintaining or posting any signage on or near said Estabrook Trail designed, intended, or tending to have the effect of discouraging or prohibiting public access to said Estabrook Road or Estabrook Trail.”

Concord had been in the litigation process with the abutters for months, to reopen access to the unpaved portion of Estabrook Road.

"The Select Board had no alternative other than to file a Motion for Preliminary Injunction with the Land Court to preserve the public’s right of access pending completion of litigation," the Select Board said in a statement.

The judge concluded that the town was acting in the interest of the public and that, “deprivation of long-standing public access to a hiking trail [is] a harm that is irreparable to the Town and to the public interest.”

The defendants' argument for closing off the entrance was that the COVID-19 pandemic justified their resort to self-help. The judge rejected the argument.

The court order also adopted the town’s proposal to post signs on the trail regarding appropriate use and public safety. Signs will be placed at and around the entrance of the trail reading:

NOTICE BY THE TOWN OF CONCORD:
The public may use this path subject to the posted rules. All dogs are to be leashed at all times while on Estabrook Road. Trail users are to remain on the path and respect the property and privacy of the surrounding landowners. In accordance with the Concord Board of Health order, you must wear a mask if you are unable to maintain a distance of at least six feet from others. You may be subject to civil and criminal penalties for violation of these requirements.

A final decision in the case has not been reached yet, but a trial will be scheduled this fall.