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Who Can Use Cherryvale Path?

Whitehall mayor defends pedestrians' use.

If you ask Mayor James F. Nowalk, there's really no question: The Cherryvale Path is fair game for area residents and visitors who want to take that shortcut from Cherryvale Drive to Springmeadow Court.

But at least one person disagrees with the mayor, posting "PRIVATE PROPERTY" and "NO TRESPASSING" signs along the walkway and adjoining ramp.

Technically, that person is at least half-right: The Cherryvale Path is on private property. But Mayor Nowalk said at a Whitehall Council meeting on Wednesday night that the path has been traversed for at least two decades and that pedestrians have a legal "easement" to use it.

The path even predates the owned parcel that it sits on between Cherryvale and the Whitehall Farms townhomes area, according to Nowalk, who was instrumental in creating the Cherryvale Path Association years ago as a way to preserve the once-dirt-and-grass route.

"You needed that legal entity to acquire the easement," Nowalk said in an interview after the meeting, pointing out that the path was eventually changed to a hard surface by a local Eagle Scout volunteer.

"For the most part, people were happy," Nowalk said, "but obviously, if you live next to it, and it's people coming up (from nearby , perhaps), you're not as happy."

In response to the NO TRESPASSING signs—and because the Cherryvale Path Association is without a resident leader at the moment—Nowalk has suggested to the Whitehall Council that it take authority over the Cherryvale Path, much like it has over another Whitehall path that runs from Highgrove Road to Spring Valley Drive.

"When you go over somebody's property for 21 years ... you can create what's called a prescriptive easement," Nowalk said. "That's the term. And nothing can be done to block that."

Dictionary.law.com defines "easement" as "the right to use the real property of another for a specific purpose ... Typical easements are for access to another property."

Said Nowalk, "They (pedestrians) continue to have that right. You can't take that right away."

The Whitehall Council has not yet decided what action it will take regarding the Cherryvale Path—if any at all—but Nowalk said that he will defend his opinion with the  regarding rightful pedestrian use.

And with fireworks coming to Caste Village again this year on June 29, that's good news for anyone looking for a shorter walk to a closer look at the action.

Check back with the Baldwin-Whitehall Patch for more odds and ends from Wednesday night's borough meeting.

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cc June 23, 2012 at 12:24 AM
Frank you are so right, he is a nut case and flies up and down the street and has no consideration for people that walk on the street or the kids playing outside. Your not the first person that he almost hit. He has also chased dogs in his yard with a shovel and was yelling profanity at them, like they really understood what he was saying. People use the walkway and it is never crowded except for the 4th of July. On of the neighbor says he plans on sitting out there on Caste Fireworks night and isn't going to let anyone walk up and down the pathway.
Billee June 23, 2012 at 12:37 AM
Dear ML, I have a question for you although it is not GERMANE to the subject at hand! I'm not a political person and don't have much knowledge on the subject! However I do care about the well being of others. Can you please explain to me in your own words why ACT 13 was a NAY? Please do so from an objective side. Please use common sense facts. Was the monies that were going to be charged for gas drilling going to be put in an Emergency Preparedness Fund to help people who might get hurt or sick? The tax they would have charged could be put into a fund to do continuous development processes on drilling and safety improvements. Respectfully in your own words can you please tell me why both parties could not agree? Can they rewrite the ACT 13 again and come to a compromise win - win? If you don't want to comment I understand! It was hard to understand from the T.V. and there was much passion being passed around which is understandable where peoples health and safety are concerned. You have the floor...
Margaret French June 23, 2012 at 01:00 AM
is that the same guy who supposedly shoots at the squirels?
cc June 23, 2012 at 02:17 AM
Yes that is the same guy that was shooting at the squirrels
Margaret French June 23, 2012 at 02:22 AM
Maybe because he is a nut and he is afraid they will get him. LOL
Margaret French June 23, 2012 at 02:24 AM
Well, I will probably walk down and I am going to want to see him try to stop me.
Mark June 23, 2012 at 03:00 AM
I am a 20 year resident of Cherryvale Drive, and I would like to respond first to the argument regarding the use of this "path". What Mayor Nowalk seems to overlook is that the residents of the townhomes on Cherryvale will be held liable for any lawsuits that should arise from anyone that "slips", or "trips", or hurts themselves in any way while on the roadway that leads up to the path. If Mayor Nowalk would like to take responsibility away from the owners of the townhomes and put it on the Borough, then so be it. I have spoken personally to the people that live in the townhome closest to that path, and I would be just as upset if I had to spend time everyday cleaning up bottles, cans, animal feces, cigarette butts, and all the other garbage that gets tossed into their yard as a result of that path. And as for the rest of you individuals making comments about your neighbor, you should be ashamed of yourselves. The comments that have been made against this individual are not only overblown and greatly exaggerated, but they are completely slanderous, and I challenge each and every one of you to prove these allegations against this person. Better yet, why don't you behave like adults, and address your "issues" with this gentleman personally, rather than ignorantly squawk in a public forum. Your behavior is reminiscent of that which can be found by a group of children on a playground.
Frank June 23, 2012 at 04:00 AM
Mark, I can't speak for all the accusations made here. But every thing that I wrote is 100% true.   Also I walk this route daily and aside from fireworks nights, this area is kept clean despite what your claims to the contrary are.     Me be ashamed of myself?Actually I'm not, but thanks for the advice.    As far as "proving" my allegations, I have witnesses to the threat of shooting dogs, and I am not the only one who has seen him traveling well above the posted speed limit. (although he is certainly not the only one) And he does sometimes whip around the bend.   And I prefer my "ignorant squawking", rather than approaching him as I know nothing would be resolved of the matter. I would probably just end up with a sports car tire smashed into my face. 
Frank June 23, 2012 at 04:02 AM
Also, look at the posted images with this story. It looks pretty clean to me.
George Snyder June 23, 2012 at 04:22 AM
gs Well Frank, it's clean because I keep it that way. And I don't ever remember asking you not to use the driveway.
Frank June 23, 2012 at 05:16 AM
Well then, thank you for keeping it clean Mr. Snyder. I also do not recall you ever asking me not use the driveway, nor did I at anytime imply that you did.
George Snyder June 23, 2012 at 05:18 AM
Let's get a few things straight. If any of you cowardly, childish individuals have anything to say to or about you know where I live, I'd be pleased to speak with any or all of you. Now, the accusation that I shot squirrels is at least slanderous. I don't even own a gun! An a comment in a public forum such as this could be taken as a "defamation of character", and I could be inclined to sue. The chasing of dogs off my property, my now isn't that a stretch. Don't you people abide by the law and walk your pets on a leash. How, would you like it if I let my dog defecate in your yard on a consistent basis and not pick it up? Well that's what I have to deal with on a consistent basis. Ms French, I don't ever remember tell you not to use the driveway. Althought now if we were to pick someone to banned, you'd be a nice start. And Frank, you say you walk down the driveway all the time. I don't remember telling you, you were on private property. And as far as mu yard not having any trash on it, IT'S BECAUSE I KEEP IT POLICED!
Margaret French June 23, 2012 at 05:43 AM
George-I never said you told me to stay off your driveway. I rarely walk down the street because, I admit, not only am I lazy but I have a slight disability from an accident. I said I will walk down to Caste fireworks night and you (nor anyone) can or will stop me. I don't even know you... I just see you flying by my house many times a day. You have 100 % right to be mad if people urinate on your property after fireworks, and also if people let their dogs do their business there and not pick it up. That happens all over this street though, not just your house. I know who the three dog owners are that do it (and no, one isn't Frank) Don't forget we have all the cats making these messes too.
George Snyder June 23, 2012 at 05:45 AM
Speeding, the speed limit on this street is 25 mph I NEVER EXCEED 20 mph. So unless your policed trained and have vascar you are way out of line. The two main reasons for the signs is to keep out unwanted parking. (and the two construction trucks were told to leave and they did). THE MOST IMPORTANT REASON WAS AND IS TO KEEP KID FROM GOING DOWN THE DRIVEWAY AND ON TO THE PATH. THEY COME DOWN CHERRYVALE ON BIKES AND SKATEBOARDS ROUND THE CORNER AT BRAKE NECK SPEEDS. THERE HAVE BEEN SEVERAL NEAR MISSES. I WITNESSED ONE AND IT SCARED THE HELL OUT OF ME AND WE DON'T WANT TO SEE IT HAPPEN! WOULD YOU?
Margaret French June 23, 2012 at 05:56 AM
I have seen them fly down too. No, I wouldn't want to see that either. Maybe you should tell them about it. Not that they will listen.
George Snyder June 23, 2012 at 06:36 AM
Your right they don't listen. And one came within inches of hitting my neighbors car. It would have been catistrophic And I don't shot squirrels !!!!!! Nor do I speed up my street
Margaret French June 23, 2012 at 06:41 AM
Good night George!
cc June 23, 2012 at 05:37 PM
LOL Margaret, i'm sure you heard the saying "The squirrels are looking for you", they think your a nut.
Margaret French June 23, 2012 at 06:13 PM
there are a lot of nuts in this neighborhood. Maybe that is why there are so many squirrels. Something in the water. I could write a book about the one next to me. Talk about a fruitcake.
George Snyder June 23, 2012 at 06:40 PM
Have a nice day Margaret and please use the path any time you'd like. Watch our for those squirrels. They. An be dangerous ;-)
cc June 23, 2012 at 06:42 PM
Mark did you not read the article where it says "In response to the NO TRESPASSING signs—and because the Cherryvale Path Association is without a resident leader at the moment—Nowalk has suggested to the Whitehall Council that it take authority over the Cherryvale Path, much like it has over another Whitehall path that runs from Highgrove Road to Spring Valley Drive."
cc June 23, 2012 at 06:47 PM
Mark this pathways has been used before the homes were there. I don't remember anyone getting hurt on this pathway nor a lawsuit filed against anyone in this townhome community. Someone gave the Boy Scouts permission to fix this pathway up, as it was a benefit to the neighborhood and now we have one neighbor that is taking ownership of the pathway. Tell me who is paying the taxes on the property of the Pathway?
cc June 23, 2012 at 06:50 PM
George never once have I seen you out there cleaning the pathway up of all the garbage that you claim is there. The path is clean at 5 am in the morning and when I walk home at night.
Margaret French June 23, 2012 at 07:18 PM
I will walk on tippy toes past your house so as to not disturb anything. :) They are dangerous... they chew wires in cars etc. I had to pay over $300. one time to get wires fixed that were chewed to pieces. They are dangerous to your wallet.
George Snyder June 24, 2012 at 03:28 AM
Just hope you never have to deal with them getting into your home. Getting them out isn't fun by any means.
Margaret French June 24, 2012 at 04:15 AM
I can imagine! Heard a scurrying in my attic several times year before last. Called my son over but he never found anything or any sign of anything and haven't heard it since so I don't know what it was.
Jane doe June 28, 2012 at 01:02 AM
How about if we stop you from coming onto to Springmeadow if you are not going to allow us to have work to beautify our property that involves having trucks. How about if we stop you from coming onto Springmeadow ct. It works both ways you stop us and we can stop you
cc June 28, 2012 at 02:55 PM
George you passed me today as I was taking my dog for a walk and I guarantee you weren't driving 20 mph as you say you drive. You were going 40 or better
Margaret French June 28, 2012 at 03:27 PM
cc-you must live really close to me. we should get together sometime. LOL
Frank June 28, 2012 at 09:21 PM
Actually...... You can't stop us and we CAN stop you for one simple reason.... Springmeadow Ct. is a public road, the Cherryvale driveway is a Private road. Furthermore, we do not utilize your road when we are having work done on our street. Now, if you are willing to pitch in a few hundred dollars (like all the good residents from the townhouses on Cherryvale did several years ago) and help to repave it and clean it up next time, then maybe you might be allowed to use it. What do you think about that?

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