Jaxon Kirkland and mom Katelin Turner want a public beach to stay open.
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Some Shuniah residents say the municipality has been a bad neighbour.
A $3 million lawsuit from three residents of O'Connor Point was in Superior court Friday over the fate of a beach they argue has been the source of major headaches. Lawyer Samantha Filipovic, who is also a plaintiff, said drinking, noise property damage and even threats have come from people using the beach, which is the municipality of Shuniah's property. Filipovic claims the municipality has ignored the residents and its request to close the beach until an agreement can be reached on what to do with the property.
"They've always turned down or done nothing," she told the court Friday morning.
The municipality now has a security guard at the bach from 9 a.m. til 9 p.m. There's also a 20-person limit for the beach. Notes from the security guard says the beach has only reached that four times this summer. Filipovic said that's because of the poor weather conditions this year.
"Lucky for us we've had a really lousy summer," she said.
Katelin Turner has been going to the beach with her 6-year-old son Jaxon Kirkland since he was born. She said it would be unfair to see the beach shut down.
"I think it's only fair that the rest of the city gets to enjoy that as well not just people that live a little bit more fortunate lives than some of us," she said.
Turner describes the small beach, which isn't even an acre, as a piece of heaven compared to other public beaches in the area.
"There's going to be riff raff, there's going to be that unfortunately," Turner said. "I've never seen any fights or anything or anyone being disrespectful. I've never seen garbage laying around."
But Filipovic provided affidavits from 11 people who hear swearing and screaming from the beach. She told the court that residents have to clean up messes left behind from people all the time. There have even been cases where residents are too scared to leave their homes and feel threatened. Turner said she goes to the beach often and usually sees families.
Shuniah's lawyer Jason Squire said that steps are being taken to address the situation. A court decision on the future of the beach is expected at a later date.
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