Should Little Compton’s Town Landing remain open to all, even those who don’t live in town? Not all believe they should, and the town is facing a potential lawsuit from a group of residents who say town officials omitted critical information when they applied for a state grant five years ago to help fund improvements at the popular site.     

Town solicitor Anthony DeSisto told town council members at their most recent meeting that attorney Keith P. Kyle, who represents Andrew Stoeckle, David Rockermann, and Phil Casey, has signaled that “a lawsuit could and probably will be filed.” DeSisto also noted that the anticipated litigation is not a certainty, as “there is always a question whether or not this matter can be settled short of litigation.”

Origins of the dispute

Town Landing, a popular recreational area considered by some to be one of the best surfing spots in the northeast, has drawn an ever-increasing number of visitors from throughout New England and beyond in recent years.

In 2020, the state Department of Environmental Management (DEM) approved the town’s $80,000 grant application to help fund improvements at the site, including upgrades to the parking area, enhanced access for emergency vehicles, and installation of riprap and native plants to help slow erosion.

Last September, heavy seas caused by various storms attracted a larger than usual number of curious observers and surfers to the site. That was a tipping point for many locals who were already frustrated by a lack of available parking spaces and the overflow numbers of out-of-state cars that often jammed the lot.

A citizens’ group petitioned the town to permanently set aside at least half of the area’s 24 parking spaces for the exclusive use of town residents. As justification, they focused on three points:

• The property’s former owner, Hester B. Simmons, who died in 1948, stipulated in her will that her land was to be bequeathed to the town “for the benefit and pleasure of people within the community in perpetuity.”

• Section 9.3.3 of the Little Compton Town Code states that the “Hester B. Simmons lot shall be for the use of Town residents only…”

• Little Compton’s 2018 Comprehensive Plan lists the Town Landing property as a protected recreational area for use by “town residents” for “picnicking, fishing, and surfing.”

Because of the state grant, town officials needed DEM’s approval on the proposed parking restrictions. Agency representatives blocked the request, saying the 2020 grant agreement prohibits restrictions of any type at the site.

At the urging of residents, council members then directed DeSisto to ask DEM to take back the grant money and rescind the grant agreement, so the town would be free to manage the area with no state interference. Council president Bob Mushen confirmed last week that DEM officials rejected that request.

What’s next?

In an August letter to DEM, Stoeckle, Rockermann and Casey asked that the agency void the recreational grant agreement and that a meeting with state and town officials be set up to explore ways to resolve the conflict.

While the letter did not mention potential litigation, it highlighted perceived flaws in the original application, including the failure to reference the restrictive covenant in the Simmons will, and the failure to include the town’s 2018 Comprehensive Plan and a copy of the Town Code with the application packet. 

The letter states that while DEM was most likely unaware of “all defects in the application…it should have been apparent that the then current (2018) Town Comprehensive Plan was missing from the application.”

A lack of communication was also mentioned as a concern.

“No town residents have been a party to any of the meetings or communications between DEM and the Town of Little Compton’s representatives regarding the grant. Consequently, we do not know if the Town officials relayed the Town Council’s requests correctly, what the DEM’s responses were, if Town officials properly explained the restrictive covenant on the property, or if Town officials ever explained the misrepresentations in the grant application.”

It is not known whether DEM officials have responded to the recent letter. Stoeckle declined to comment last week, saying his group is “trying to let the negotiation process proceed and have decided on no interviews for the time being.”

DeSisto told council members that if DEM officials respond favorably to the request for a meeting, he is willing to participate.