Insurance company will pay costs in Conde case

SHARON — The federal court case between the town and West Woods Road No. 2 property owner Pilar Conde is apparently on the court calendar, but no trial date has been announced yet.

Attorneys for both sides confirmed that the town’s insurance agency has decided not to invoke the clause in its policy with the town that would have capped its financial involvement in the case at a predetermined figure. That number is believed to be $90,000.

At the special town meeting on Sept. 25, attorney Frederick O’Brien warned that the insurance company had the option of invoking the clause, which would have left the town entirely responsible for all costs involved with the trial. That figure was estimated at possibly as high as $500,000.

The case centers on discontinued Joray Road, a walking path that runs through Conde’s property. The town has a residential easement on the path, which means town residents are allowed to use it for hiking, cycling and horseback riding.

Some town residents complained to the selectmen that Conde had installed a gate on the easement that left a path only wide enough for walkers and cyclists, and for horseback riders to pass through in single file. Surrey and cart riders could not easily get through the gate.

A wrangle began between several town boards and commissions and Conde over her right to have a gate on the easement.

Conde is now taking the town to federal court with a claim that, without giving her any kind of public hearing, the town told her she could not have a gate. She and attorney Barrie Goldstein of Washington, Conn., allege that she was denied her constitutional right to due process.

The suit names the town as well as selectmen Malcolm Brown, Tom Bartram and John Mathews. The three selectmen and O’Brien, who was hired by the town’s insurance company, tried to settle out of court with Conde. Sharon voters had to approve the settlement because it involved property owned by the town (although technically, the town does not own the property; it owns the right to use the property).

Voters said 47 to 16 that they would rather go to federal court and fight the due process claim than give up the use of the easement.

Joray Road is .9 miles long and runs mainly through the property of Conde and neighbor Eric Olsen. There are 11 other recreational easements in that part of town.

The selectmen warned at the Sept. 25 meeting that the town is liable if anyone is injured or killed on the path, which is not maintained and which is overgrown. The town is legally required to maintain the path.

The three selectmen voted in favor of the settlement. Voters said they would rather take their chances in court.