Beach Access Is Focus Of Long-Running Saga
But the Supreme Court was not persuaded by the notion that these homeowners could do whatever they wanted on the grassy lawn. "They can use it to get to the beach, and to get off of the beach, that is all," the high court ruled.
In addition, the justices upheld a lower court decision restricted the walking route backlot property homeowners could take to the beach. They also restricted the hours that the right-of-way could be used to between 6 a.m. and 9 p.m.
Klau said his clients were pleased with the Supreme Court ruling, only to be faced with the pending lawsuit in which the nonwaterfront property owners are seeking to take adverse possession of the waterfront parcel by claiming the lawn was intended to be public.
Wheeler's lawyer, Peter Berdon, did not return a call for comment. According to court records, Wheeler is suing the group of beachfront homeowners. They new plaintiffs claim they are not bound by the previous Supreme Court decision because they were not parties to that litigation.
Klau, however, argues that Wheeler was invited to join in that lawsuit. "What I want for my clients is peace and finality," he said. "We thought when the Supreme Court issues its decision in early 2012 that we had found that peace and finality and we were mistaken."
A hearing date has not been set on Wheeler's remaining claims.•