Old Lyme ― The “unorganized public” is victorious again in a fight for beach access going back to 1952.

Seventy years ago and again in 2018, residents of the Sound View Beach area took Miami Beach Association to court to force the removal of a fence standing between members of the public and an 800-foot-long stretch of sand left to them in perpetuity by a developer.

Then and now, courts affirmed the land was dedicated for public use and ordered the fence taken down. They cited the promise of “free and unimpeded use and enjoyment” of the swath of beach that had been in place since developer Henry J. Hillard deeded it to the "unorganized general public“ in the 1880s.

The 23-page decision from a three-judge panel in the state Appellate Court officially will be released Tuesday. It unanimously upholds the 2020 decision by New London Superior Court Judge Kimberly A. Knox requiring Miami Beach Association to take down the fence it had erected at the end of the 2016 beach season and to stop charging people a "clean beach fee” of $5 to $10.

Leadership of the otherwise private enclave instituted the clean beach program due to littering, drinking, urinating, fighting, and sexual relations taking place on the beach, according to court documents. A resident testified about arriving home on one occasion to find strangers having sex against the homeowner’s stone patio and on another occasion to find strangers sitting on the patio table having lunch.

Miami Beach Association President Mark Mongillo in a phone interview Monday described the appellate decision, which was based on the initial judgment that was handed down in 1953, as “unfair.”

“This is not 1953,” he said. “We’re approaching 2023 and the social atmosphere and the behavior of the general public is extremely different than it was in 1953.”

But the judges argued the trial court judge this time around acted appropriately to “protect the integrity” of the mid-century decision and the matters of law are the same now as they were then.

Sound View resident Kathleen Tracy, the lead plaintiff in the case, on Monday called the decision “a victory for the people.”

“I went for a swim today and I’m thinking, this may be the last time I see this fence up,” she said.

The fence was authorized to remain while the case was pending, though the association was barred from charging the beach fee.

Mongillo said he needs to speak with his attorneys from the Halloran & Sage law firm as well as the association’s Board of Governors about how the association will proceed.

“We have to see what our options might be,” he said. “We certainly are very upset by this kind of decision.”

Mongillo lamented the lack of control the residents of Miami Beach have over their own property.

“I think this is a lesson to be learned by all owners of beach property along the coast in Connecticut, that even if you own it and you are deeded it and you are paying taxes on it, you have limited say as to what you can do,” he said.

He wondered why the state can assess a blanket $10 fee on all motor vehicle registrations to help fund state parks, but the Miami Beach Association can’t charge a fee to maintain the beach.

Parties who are not satisfied with an Appellate Court decision can file a motion for reconsideration within 10 days, according to the Connecticut Practice Book. They can also file a request for the Supreme Court to look at the legal issues, either within 20 days of the decision or the denial of a motion to reconsider.

Tracy was doubtful the state Supreme Court would take up a case affirmed by all three Appellate Court judges.

“They seem like they have plenty of money to do those things,” she said of the beach association. “And if that’s what they want to do, I'm in it for the long haul. But I don’t think there’s much haul left in this.”

She described it as only a matter of time before the fence comes down, but acknowledged the long, slow appeals process bought the association two extra years with the barrier intact.

“It’s time to move on, heal the wounds, enjoy the beach,” she said.

e.regan@theday.com