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. y f.- <br /> Mas hpe e Conservation ommi s s i n <br /> Executive session re : litigation between the Commission and <br /> New S e abury Corporation <br />�. December 19 , 1985 <br /> 'age Two <br /> road. That victory was due in part to this Commission issuing <br /> the Emergency Order for the bark stabilization. It Should not <br /> be con tru d as an indication by the Court that you are right <br /> on the underlying i,-sue in the case . What you did was took <br /> away from hien the need to rake a decision in the case . You rade <br /> the decision for him. That was very successful strategy, t <br /> 'For a. number of reasons that we will delineate tonight , we are <br /> going to suggest to you that step; be taken to settle the clam <br /> sh ll litiga-tion, A through E are stated reasons . Stan will <br /> pre s ent the next s egmet because the fundamental reason why you <br /> s could consider settling is contained in his factual analysis , " <br /> Mr. Humphries: ffxF` will go right to the graphic representation <br /> on Page Four . . -some aerial photos that vie have obtained from the <br /> Soil Con�erva.tion s rvice . They date back to 1940. There are <br /> five photographic representations of 1940 , 19519 1971, 1980 and <br /> 1984. 1984 i,,:! a different scale . That think iii s�.gn�.f _cant <br /> is to note that in 1940 there was a path that existed giving <br /> probably pedestrian access to the beach across th ban frog: -: . <br /> road dovi- to this currently, I' m calling it the Wiest road . The <br /> changes that iiZve occured can be seem fairly easily. Another <br /> access exiFted in 1951 coming From the north road, primarily. In <br /> 1971 there was probably �o much use of both roads that the area <br /> wher the bank joi <br />