Groton Open Space Association

Wright, Sheets Urge Shielding of Lands Bought With Open Space Funds

NEW LONDON–Groton town councilors Elissa Wright and Paulann Sheets published articles July 14, 2005, in the New London Day and the Mystic River Press, respectively, urging approval by the Town Council of Councilor Wright’s resolution to add language to the land records protecting properties acquired with proceeds of a 1988 open space bond issue.

Councilor Wright’s resolution is to be discussed again by the council Tuesday evening, July 19, 2005. Recently, the town attorney, Michael Carey, expressed skepticism about the measure, which had been referred to him for a routine check. Mr. Carey said it might “deprive [a future town government] of a discretion which public policy demands should be left unimpaired.”

He advised the town in a letter that he is “not certain” that Groton “could not decide to use one [or] all of the five parcels for a different purpose” from that specified in the language of the referendum bond ordinance. The ordinance said that the lands were to be used for “open space, conservation, and recreational purposes.”

Ms. Wright wrote in The Day that the town attorney “apparently does not credit the dedication and restriction on the uses of these lands as binding future generations or recognize their legal effect. And although he acknowledges the public park trust doctrine, under which the town also would hold these lands in trust as parkland for the benefit of the public at large, he apparently is not convinced that Poquonnock Plains Park, the Copp Park, and the other lands at issue are ‘parks.’ So just when is a park a park? When a town attorney says it is–or isn’t?”

Both Ms. Wright and Ms. Sheets — the latter writing in the Mystic River Press — noted that Elihu Spicer had donated land at the top of Fort Hill as a “poor farm” but that the land wound up being used for a police station and public works garage. Ms. Wright and Ms. Sheets, both attorneys, said this misuse illustrated the need for language in the deeds of the open space lands to guard against any recurrence.