The big mistake was the group that took it upon themselves to "upgrade" the path without the owners permission. IMO, this was an underhanded attempt to claim access via prescriptive easement or implied dedication. Most likely, one of the users concocted this plan, similar to the attempt to force TV to open access through the historic villages based on medical access necessities, and even trying to get national organizations and US representatives involved. Duke recognized this immediately, and thus, the letter of impending closure.
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