2 Sussex County families must remove gate that blocks historic road, judge rules

SUSSEX COUNTY — Two Sussex County families have lost a four-year legal battle to block off a portion of historic Old Mine Road which they believed ran through their 227-acre property.
U.S. District Judge Susan D. Wigenton ruled late Tuesday that Aaron and Matthew Hull and their families must remove a gate that obstructs the dirt thoroughfare in the Delaware Water Gap National Recreation Area because that portion of the road is actually government property.
William Ward, attorney for the Hulls, said the families were "obviously disappointed," but it was unlikely they would appeal.
"The next stage would be to get the government to start maintaining the road and we’ll open the gates and life will go on," Ward said Wednesday.
The dispute dates back to 2007 when the two Hull families purchased the Sandyston property, one of the last private farms remaining in the recreation area.
The Hulls soon began to disapprove of hikers, hunters and history buffs traversing a 300-yard portion of the historic trail, which became one of the nation’s first commercial roadways in the 1600s and once carried American troops to fight the British in the Revolutionary War.
They also feared any liability in case anyone got hurt on the path and, in late 2007, put up gates blocking public access.
But the United States filed a lawsuit against the Hulls in March 2009 seeking removal of the barricade, citing the government’s ownership of the property and its historic significance. Then, U.S. Attorney Ralph Marra also said the gates prevented National Park Service employees from doing their job.
"Property rights to this passage belong squarely with the public as they have for centuries," Marra said. "This is one of the those valuable public gems to be enjoyed by everyone, not just the Hull family."
According to the suit, National Park Service tried to resolve the matter out of court in October 2007 and in December 2008. But the Hulls believed steadfastly that the property was theirs, based on their contention there were records showing the township of Sandyston had abandoned that portion of the road by ordinance in the late 1980s.
Ward also cited additional documents from the 1990s showing the National Park Service tried to buy back easement agreements from the previous owner of the property.
In October 2010, the Hulls and the U.S. government reached a settlement that would provide the two families $115,000 in exchange for access to the road. But the settlement was never finalized due to disputes over a survey done on the property and some wording in the settlement agreement.
Wigenton put the case back on the active docket last January, as a result of the stalemate.
In her ruling, Wigenton, sitting in Newark, said Sandyston had always intended to transfer or donate its interest in Old Mine Road to the United States and ordered the Hulls to remove any obstruction.
"We’re happy with the judge’s decision which means that a road that people have been using for hundreds of years will continue to provide public access to this national recreation area," said Matthew Reilly, a spokesman for the U.S. Attorney’s Office.
"There were a lot of close questions on fact and law, which could have gone either way," Ward said. "The judge sided with the government’s interpretation of those issues. I always knew that was a risk, but we still felt we had a strong case."
If the Hulls do not appeal, Ward predicted the the gates would be removed within a week. He said the decision will not cause either of the Hull families to move. In fact, a subdivision of the property between the two families has been approved by Sandyston. Matthew and Michele Hull are renovating the farm house on their property, while Aaron Hull is intending to build a new house on his parcel, Ward said.


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