It is the Town of Groton, not conservationists, which should be held accountable for the dispute over using the Merritt Property for a middle school. The town, which purchased the Merritt Property in 1989 with town open-space bond funds and a state open-space grant, fails to consider that the land is dedicated, restricted, and held in trust for the public for open space, conservation, and recreational purposes under the terms of the 1988 open-space bond referendum ordinance. 

Under the terms of the state grant, to re-purpose the property the town must provide comparable replacement land. It has proposed Boulder Heights, although inferior in aesthetics, environmental quality, accessibility, and acreage. Moreover, the town failed to hold a public hearing on the land swap prior to the school referendum. 

Attorney Elissa Wright submits that the Merritt Property, and five others purchased with town open-space bond referendum funds, are subject to the public trust doctrine and cannot be converted to other uses except as authorized by a court. With millions of state-grant dollars for a new school hanging in the balance, asking the state to transfer the grant to another site may be the best way out.

Catherine Pratt

Groton