Regarding the navigation-rights case over the Mud Pond Waterway in the Adirondacks, I see that the people suing Explorer Editor Phil Brown for trespass are relying on an argument that the contested waterway is not used for commercial purposes and so shouldn’t be considered open to the public.
I would think that if an outfitter took a paying group on a paddle through the disputed area, it would clearly demonstrate viable commercial use.
This is my own opinion and does not necessarily represent an official view of The Chesapeake Paddlers Inc. My wife and I lead a group every year based out of Curry’s Cabins on Blue Mountain Lake in early September. We are very familiar with the area.
Good luck with the appeal.
Richard Stevens, Greenbelt, MD
Stevens is treasurer of The Chesapeake Paddlers