High Street Lawsuit Delayed

The lawsuit that seeks to take a stretch of High Street in West Barrington by adverse possession has been continued to May 1.

Superior Court Associate Justice Sarah Taft-Carter agreed to continue the lawsuit because two of the defendants, Michael and Kathy Flaherty of 40 Walnut Road, have hired a new attorney, Richard Kirby, to represent them. The other defendant is the Town of Barrington.

Kirby wanted at least 30 days to get up to speed on the lawsuit, which had lain dormant in Superior Court since 2007 before it was put back on the calendar on Monday, March 19.

The land in question is at the east end of High Street – an unpaved paper street that intersects with Walnut Road. It is often described as a public right-of-way even though that is in dispute. (See the initial Patch story on the lawsuit.)

The plaintiffs are Mary and Joseph Piccerelli of 39 Walnut Road, the abutting property owners to the north of High Street. They have been using the unpaved street as a driveway for years, much like the previous owner used the paper street to gain access to the rear of that property.

Their lawsuit is seeking to take the property, which Barrington Solicitor Mike Ursillo previously told the court is of no interest to the town. But that lack of interest apparently changed last week.

The Town Council met in executive session with Ursillo on March 12 to be brought up to speed on the case.  It told him to do what is necessary to declare the paper street as public, according to Mike Flaherty by way of his attorney.

“Mr. Kirby spoke with Mike Ursillo, and Mike informed him that the Barrington Town Council has instructed him to declare the public status of the paper street,” said Flaherty.

The Piccerellis’ claim is that the town only accepted two-thirds of High Street, the paved portion. The unpaved section has never been made public, said their attorney, Anthony DesSisto.

“The Piccerellis went to the court to declare their rights and interests in the property,” DeSisto said. “It’s land that they have adversely possessed for more than 10 years."