Should Fairfax Appeal the Decision Limiting Access on the Bergs' Property?

Following , access across John and Marlia Berg's property to town-owned open space is limited unless the town decides to appeal that decision -- something the council is currently considering.

In 2005, the town purchased a five-acre parcel directly behind the Bergs off of Meadow Way to preserve for public open space, recreation and environmental preservation. Both properties sit in unincorporated county land. To access the open space land, two easements ran across the Bergs' property. 

In 2008, , claiming they had illegally put a locked car gate across an easement providing access. They had also posted signs stating no dogs or cyclists on the pathway.

The Bergs, however, argued that pedestrians, dogs, and cyclists were tramping across their yard. They also gave the access code to the gate to the Police, Fire, and Public Works Departments and argued that the small wooden gate to the side of the road was available to pedestrians.

After nearly two years and $160,000, Judge Lynn O'Malley ruled against the town and restricted access to the town-owned parcel across the Bergs' land. O'Malley said access was available from above the property off of Bolinas Road -- though the town has noted that access is steep and under a Marin Municipal Water District right of way.

At the Fairfax Town Council meeting on Feb. 2, Mayor Larry Bragman announced that the town had filed a notice to appeal the decision. The notice, he said, essentially holds the status quo as the town decides if it will appeal the ruling in court.

Bragman also announced that the funds necessary to file that notice were raised privately and would not be borne by the town.

The public, at the meeting, asked the council to hold a public session to discuss whether or not the town should continue the legal battle.

Questions to consider:

• Should the town file an appeal against the decision?
• Are you concerned about the costs of the legal fight? Do you feel it is or is not worth it?
• Should the town cut its losses and accept the decision?
• If the town does not appeal and accepts the judge's ruling, what should they do with the town-owned open space? Build another access road from Bolinas Road? Sell the property?
• Do you think the town should have filed the lawsuit in the first place?