Date: 7/17/26 7:22 am From: John Nelson <jnelson...> Subject: Re: [MASSBIRD] Atlantic Path access Andrews Point
Kathy,
Thanks for posting this. To clarify the situation, I'm sharing a message I
sent to the board of the Brookline Bird Club, after which I have pasted the
press release from Attorney General Andrea Campbell:
John Nelson
Gloucester
This is good news. We've been fighting this fight for 4-5 years. On behalf
of the BBC, the Association of Mass Bird Clubs, and the general birding
community, I submitted a detailed affidavit documenting use of Andrews Pt.
by birders going back to BBC trips in the early 1920s, and I testified last
July in Salem Superior Count. It's possible that the plaintiff, Elizabeth
Fisher, will appeal the ruling, and she might pursue a separate suit
against the town of Rockport.
Still unresolved is the closure of parking in the little area on town-owned
land at the beginning of the path to the point. I attended a number of town
committee meetings to try to get Rockport to reverse this closure, to no
avail. The town never provided any sensible rationale for the closure of
parking. I can't pursue this issue any further myself, but since the
Commonwealth's lawyers, Kendra Kinscherf and Joel Quick, have told me that
use of Andrews Point by birders was important evidence in the case, birders
might try to prevail on the town to reciprocate by reopening the parking
area, which would harm no one and would benefit birders who visit the point
from near and far.
BOSTON — Attorney General Andrea Joy Campbell announced today that the
Commonwealth secured a court victory
<https://www.mass.gov/doc/95-misc-222901-mdv-decision/download> preserving
the public’s right to access coastal rocks and ledges at Andrews Point
in Rockport after the Massachusetts Land Court ruled that a deed
restriction dating back more than 135 years remains valid and enforceable.
Located along Rockport’s coastline, Andrews Point is a stretch of shoreline
known for its rocky ledges, ocean views, and longstanding public use. The
area has long been a destination for residents and visitors who walk the
coast, enjoy the landscape, and observe wildlife.
The case involved property at 18 Long Branch Avenue in Rockport, where an
1887 deed included a condition requiring that certain “ledges and rocks”
conveyed with the property “forever remain open to the general public.” The
property owners challenged whether that public access requirement remained
in effect and sought to eliminate these public rights to use the land.
The Land Court ruled in favor of the Commonwealth, finding that the deed
created a valid dedication of the rocks and ledges for recreational
purposes. The Court’s decision preserves the public’s ability to continue
accessing the coastal area consistent with the terms of the historic deed.
“Massachusetts’ coastline is a treasured public resource, and this decision
affirms the importance of protecting public access to our shared natural
spaces,” said AG Campbell. “My office will continue to defend the
Commonwealth’s interests and ensure that longstanding public rights to
public spaces remain preserved for generations to come.”
The Attorney General’s Office defended the Commonwealth’s interest
in maintaining the public access provision and argued that the deed’s
language represented a valid dedication for public use.
This matter was handled by Senior Land Use Counsel Kendra Kinscherf and
Assistant Attorney General Joel Quick, both from AG Campbell’s Government
Bureau.
On Tue, Jul 14, 2026 at 8:14 PM Kathy Porter <ruddyduck1204...>
wrote:
> I see that the homeowner on Longbranch lost her suit in Land Court.
> Great news. Now we will have to see what Rockport can do to restore
> easier access there.
>
> Kathy Porter
> Needham, MA
> <ruddyduck1204...>
>
