A FINAL decision on the future of Mistley Quay will be made by the Supreme Court today following years of legal wranglings.
A two-metre high metal fence was installed along the quay more than 12 years ago by port owners TW Logistics.
The ground breaking-decision could have an impact on village green applications from across the country.
Free the Quay campaigners have been fighting against the fence since it went up.
The site was registered as a village green in 2014 after public inquiry, but TW Logistics challenged the decision at the High Court, which was turned down in 2016.
A further challenge went to the High Court of Appeal in 2018 with the port owners arguing if the quay was a village green it would deny the port owners lawful on-going use of the quayside, but it too was rejected.
A decision over a final appeal in the Supreme Court is now expected to be made..
Richard Eaton, partner in Birketts’ Property Litigation department, said: “Judgement from the Supreme Court is to be handed down on Friday.
“This will mark the final decision from the highest court in the UK in the long running litigation pursued by the port operating land owner, against the registration of an area of quayside as a village green with public rights of access for recreation.
“The decision will be of great interest to local people whose rights of access will be finally adjudicated upon.
“It will also be of great interest to lawyers, land owners and interest groups as it is hoped the judgement will shed light on the correct legal treatment of village green registration applications where, as here there is ongoing, commercial use of the proposed green by the landowner.”
The Free the Quay group has led the campaign against the fence since 2008.
In December it said it has been advised that its prospects of success in the Supreme Court are good.
It thanked Essex County Council for its continued support defending the uninterrupted use of the quay.
Simon Bullimore, chairman of Free the Quay, said the site is particularly appreciated by those walking on and enjoying the views from the quay.
TW Logistics has been contacted for a comment.
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