In article ,
Larry Weiss wrote:

As far as the issue at hand goes, I didn't clearly explain it because I was
merely looking for a possible legal citation. But if you must know, the
locals are concerned about the Town Park being over used - and trashed - by
people from New York City who are coming out by train (the station is
conveniently next to the park). Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.
The Town says they can not enforce the residents-only rule because the law
says they must allow access to the water. I think they are misinterpreting
the law; that if there is such a law, it applies to boaters on their boats,
not people on the land. I'm looking for something to back that up.

Ahhh! That's very different!

First, I believe the marina can and should be physically secure against
all but "residents, boat owners and their guests". Anyone else on the
docks is trespassing. That's common sense.

Since the covenant includes the park as part of the marina (note the
shift in viewpoint), the physical restriction should be extended to
include it.

Access to the water is maintained.

The physical barrier need not be a fence, expensive, or even high; just
a definite demarcation. The town may have to patrol it for a while, but
that should pass.

--
Jere Lull
Xan-a-Deux ('73 Tanzer 28 #4 out of Tolchester, MD)
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