LEVERETT — A two-year-old lawsuit over access to town conservation land on Shutesbury Road is nearing its end, with both the town and the family that brought the Land Court case filing a joint status report this month, indicating that a settlement can be reached.
With the town intending to build a new trail to the 65-acre Gordon King Life Estate, also known as the Blueberry Patch, from a nearby site called Woodard’s Corner, both town attorney Donna MacNicol and attorney Michael Pill, who represents the Evans-Marlowe family, issued a joint status report Aug. 6.
That status report states that the Conservation Commission, which convened a hearing on the town project Aug. 3, could be ready to make a decision at its next meeting, on Sept. 14. The commission is awaiting information from the Natural Heritage and Endangered Species Program that can be incorporated into the commission’s decision, and its order of conditions.
“Upon receipt of the order of conditions, the Leverett Highway Department will be
ready to commence construction of the project this fall,” they wrote.
The lawsuit, filed in June 2024, also prompted the installation of a gate and signs warning about no trespassing through the trail that most had used to get to the land. That came with the family contending that while the town could access the land via this trail, the public was not allowed to. That took away the easiest access to the former Christmas tree farm that features blueberry bushes and a covered bridge with a bench and plaque that pays tribute to King, who taught at the Stockbridge School at the University of Massachusetts.
King claimed the blueberries harvested on site, mixed with Gallo jug wine, contributed to his long life. He was 98 when he died in 2016.
Without the quickest access, those who wanted to get to the site had to traverse more difficult terrain from the East Leverett Meadow or the 4-H Forest.
Town Meeting in the spring approved spending $100,000 from the Community Preservation Act account to construct the new 600-foot long trail, which will also allow for vehicular access. The commission meeting indicated that a small parking area would be built near the far end of the trail, but that a pass over for vehicles near the stream would be removed and boulders would be installed to prevent vehicles from going beyond the new parking area.
The next status report is due to Judge Michael Vhay on Sept. 25.
