In addition to the extreme dereliction of municipal maintenance responsibilities on the central Class III and Class IV segments of TH26 serving as the primary rationale for Municipal Defendants' 2010 New Road "Reclassification," these pictures show the public trailhead created at the intersection of the current and former Class III segments of Town Highway 26 (TH26).
The substantial public use directed towards the general "Crane Brook Area" without any meaningful management has caused numerous problems; some of the trail users are respectful towards the environment and surrounding private property owners, but many are not.
The promises Selectboard Chair Stanton Hamlet made to Mr. Demarest in Selectboard meetings prior to Demarest purchasing NR-144 and building a home should have been honored; no amount of prior due diligence could have predicted Stan Hamlet and an influential clique of town officials would feel entitled to maliciously conspire under color of law (and substantial taxpayer expense) to find "any way" to "rescind" clearly established private property rights.
Notably, the Underhill Trail Ordinance strategically claimed to preserve all "compelling personal or business" access to Mr. Demarest's home and his surrounding private property to delay accrual of plausible takings claims. Despite ongoing off-road capable motor vehicle use on the segment of TH26 converted into a "Legal Trail" in 2010, as of June 2023 Mr. Demarest is still unaware of so much as a single instance the Underhill Trail Ordinance has ever actually been enforced.
Constitutionally the "Crane Brook Trail" should not indefinitely deny abutting private property owners' reversionary property rights or private rights of access which were established at the time TH26 was first laid out (see initial pleadings filed June 21, 2021 in Vermont District Court and Second Circuit Court Appeals argued December 1, 2022 and information involving The United States Supreme Court Docket 22-1098 on this important Road-To-Trail Takings Case).
Morally and as a matter of sound public policy, a clique of Underhill town officials should not get away with maliciously and ever increasingly violating Mr. Demarest's civil rights or the rights of his neighbors.
Please jump to 11:31 into the May 9, 2023 Joint Underhill Conservation Commission and Underhill Recreation Committee meeting to learn about future plans to further harm David Demarest's access and privacy by building gates and potentially even a "floating bridge" to actively direct increased public use to the "Crane Brook Area" after years of the Town of Underhill willfully continuing to abandon proper maintenance and management of both the central TH26 corridor and also the property owned by the town.
For comparison in relation to the Town of Underhill's irrationally unequal treatment under color of law for an elite few at the expense of others, Municipal Defendant Marcy Gibson, which purchased NR50 after David Demarest purchased NR144, has been able to not only ensure the "reclassification" of the central segment of New Road in 2010 for her own personal interests, in 2022 Marcy Gibson has even been able to have the town develop a new school bus turnaround for the near exclusive benefit of her grandchildren and the value of her NR50 subdivision. After the turnaround was installed at taxpayer expense on Town "Conservation" land, which David Demarest objected to sufficiently to have the Selectboard spend even more money to partially take out the turnaround at further expense, additional expenses were incurred for legal advice by the Town's attorney to achieve the same end goal).
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