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Jesurum v. WBTSCC Limited Partnership

169 N.H. 469, 151 A.3d 949 (2016)

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Jesurum v. WBTSCC Limited Partnership

New Hampshire Supreme Court
169 N.H. 469, 151 A.3d 949 (2016)

AR

Facts

At least since the 1950s, members of the public parked at Sanders Point to access Little Harbor Beach, usually to look for worms. During the 1970s and 1980s, the public regularly parked their vehicles at Sanders Point to walk dogs, dig for worms, observe birds, or windsurf. The town put up signs noting the beach access and that it was closed at dark. Sanders Point was owned by WBTSCC Limited Partnership (defendant) as part of a golf course. In the 2000s, friction between the public and the golf course increased, and the golf course would sometimes use Sanders Point as a staging area for construction projects. In 2012, in response to further confrontations with the public, WBTSCC blocked off Sanders Point from public access with boulders, bushes, and a fence. Jesurum (plaintiff) sued, arguing that the public had gained an easement by prescription over Sanders Point. The court ruled in Jesurum’s favor, and WBTSCC appealed.

Rule of Law

Issue

Holding and Reasoning (Lynn, J.)

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