The Public’s Radio — Watch Hill Fire District files lawsuit against Westerly and state of Rhode Island over popular shoreline right-of-way
A photo taken February 2022 shows a sign at Napatree Point with the words “Public” no longer showing at the entrance to the conservation area. The sign has since been removed and the Watch Hill Fire District and Watch Hill Conservancy say members of the public are allowed to walk onto Napatree Point. Alex Nunes - The Public’s Radio
May 5, 2023
By Alex Nunes — The legal action comes in an escalating battle over the Fort Road right-of-way to the undeveloped Napatree Point beach and conservation area.
The Watch Hill Fire District filed a lawsuit Thursday, asking a Rhode Island Superior Court judge to invalidate the town of Westerly’s designation of a public path to Napatree Point and bar the town from ever again asserting that a public right-of-way exists to the popular summer destination.
The district is also asking that the town be prevented from marking or building a right-of-way while the court considers the case, or “directing the public to cross” parcels on Napatree Point owned by the fire district or Watch Hill Conservancy.
The area is already used year-round by people to walk onto the Napatree Point peninsula, although the fire district restricts vehicles. Shoreline rights advocates say pedestrian access is poorly marked and should be more clearly designated so beachgoers can know where they’re allowed to visit.
The district says it’s taking legal action with the conservancy to protect the fragile ecosystem of Napatree Point and defend its property rights from a so-called taking by the town of Westerly. The state of Rhode Island, which owns land on Napatree Point along with the town, is also being sued by the district.
The dispute is over the Fort Road right-of-way along Watch Hill Cove that was designated a public path to the shore across a fire district parking lot through a resolution by the Westerly Town Council in 2008. The fire district says that designation is not legitimate and that it rightfully owns the land the “alleged” right-of-way goes through.
The district filed its lawsuit along with the Watch Hill Conservancy after months of recent debate on Fort Road before the Westerly Town Council. Much of that discussion has been about the town taking steps to mark the designated public right-of-way to make it more visible to visitors to the summer resort area.
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