The Bridgeport evening farmer., 1916-05-11
BEACH NEAR ST,
MARY'S OWNED
BY CONNECTICUT
City Owns Roadway That
Skirt Exclusive Black
Rock Dwellings.
COMLEY PREPARES
REPORT TO COUNCIL.
Beautiful Waterfront Drive
Possible when Park Boule-
ward lis Completed,

val " t4o OO414 OAVUONA"'
The point of land fronting on Ash
| Creek on which ST. Mary SHY -the-Sea
| is located is not the property of the
| city. or of Paul Spofford Pearsal1. but
is public beach, according to the
conclusion of City Attorney William
| H. Conley, Jr.
The city has no rights in the prop
erty nor has any individual according
erty it belongs to the state. 1t is a
public beach such as the beach in
| the town of Orange, which by re-
| cent decision of the supreme court
was declared a public beach" a prop
| erty in which no individual has any
| especial right but in which all resi-
dents of the state have common
rights.
Years ago when the section in the
vicinity of the beach was part of the
town of Fairfield, persons from Dan
bury and the smaller towns in the
| northern part of the county, made
frequent visits to this beach in the
! summer time. Here they enjoyed
| bathing, caught fish and crabs and
dug CLANS. This custom had been
carried on from earliest history of
that section down to within recent
years It is this custom, which in
the opinion of the city attorney makes
of the town of Fairfield had always
looked upon it as such and it seems
to have been so regarded until re-
Gently when Mr.. PearsaI set up claim
to the section and put up a fence
shutting off the beach and closing the
road over Growers hill.
The action of Mr.. PearBal aroused
residents of Black Rock and recently
Mr.. Pearsall was compelled to open
the highway again. That there is a
highway over Growers hill which can
not be closed to the public, City At
torney Comley is certain, but just
where the highway runs is a matter.
of doubt. This highway is shown
on the earliest maps of the section
but its layout has been changed sew.
era1 times
Mr. Pearsa.Il, however, has a fence
on either side Of the highway and a.
gate which he has given orders to
have closed one day a year. BY this
he hopes to hold title to the highway
by claiming that it is not a public
way open to travel all year round.
The fact that his title to this prop
erty has been denied by the city at
torney has caused Mr.. Pearsau to
make effort to establish perfect title
to all his property holdings in that
vicinity. Tuesday in the town clerk 8
Office here was filed deeds and trans
fers from John w. Sterling and John
B.. Gavver, executors Of the estate Of
Thomas w. Pearsall, his father, to
Morris Pollinger Of the following
property in and about the Growers hill
road.
First parcel-Au that certain piece
or parcel, containing four acres, more
or less, bounded on the north by land
now or late of Thomas Smith, on the
east by the land now or late of jon
athan Thorne, and Thomas w. Pear
sail, on the south by the highway and
II
late of Jonathan Carr, and in part by
1the land now or late of John Clark
SON. This land was conveyed to
Thomas w. PearsaH by a deed from
Samuel E. Penfie1d and others, on
July &c, 1882 and recorded August
z, 1882, in the town clerks office
Second parcel-A plot containing
three and one-half acres conveyed to
Thomas W. Pearsan from Roxanna
Penffeld on September 24ths 1881,
bounded on the south by the highway,
on the west by another piece of land
formerly belonging to Thomas w.
Pearsall, (the first parcel descrTbed)
on-the north by LAND of Thomas Smith
and on the east by line parallel to
the eastern boundary of the first par
eel.
Third parce1@Three acres conveyed
to Thomas w. Pearsa1 from Cornelia
A. and Carrie E. Penfeld. Bounded by
and Harriet v. S. Thorne.
Fourth parce1-Right of way in
common with Jonathan Thorne, Jr.,
extending from Beach avenue at a
point opposite the dividing line be-
tween the first and second parcels de-
scrIbed above, southerly about 500
feet to a junction with the first par
eel.
Quit claim deed for this last piece is
given by John W. Sterling and john
A. Carver as trustees of the will of
the late Thomas w. Pearsan for Paul
Spofferd Pearsal1 and his sister, Char
Iotte PearsaI Walker
With the same deeds and transfers
were deeds and transfer of the prop
erty from NORRIS Pollinger to Paul S.
PaersalI. The consideration was, 900.
Morris 'Pollinger is clerk in real
estate Office. Wi1nnot wheeler of the
Bridgeport Land & Title Co., who
was purely to clear the title to the
property Mr.. PearsalI holds at Gro
ver's hill.
City Attorney Com1ey says that all
the property south of the highway
over Growers hill and the beach there.
is public beach. By recent vote of
the common council he was instructed
to establish title for the city to the
property and take the necessary steps
to open 1t to the public and turn it
over to the care of the park board as
part of the park system.
If the park board desires to take
charge OF the beach and the land ad-
joining and lay out walks, trees.
shrubbery. etc, it is doubtful if the
state government will object but At
torney Com1ey says he cannot claim
the land for the city nor can the board
of aldermen, or Any-ether officials of
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