News Brief: State taking side in beach dispute (Printed Jan. 22, 2010)
Additional resources may soon be available to Kennebunkport town officials in the dueling lawsuits over public access at Goose Rocks Beach.
The state of Maine has sided with the town against a group of beachfront property owners and will get involved in the case, according to Town Manager Larry Mead.
“They’re trying to intervene in the case with intention of public interest in the ability to use access to the beach,” Mead said.
While Mead said the state might be able to provide the town with legal help and other resources including sharing the state’s opinion and documents relating to the case, it doesn’t guarantee good news for town officials and those interested in preserving public access.
The state helped the town of Wells in a similar case involving Moody Beach that was decided in favor of beachfront property owners.
Maine may not even be able to provide help to Kennebunkport, said Goose Rocks Beach resident Parker Dwelley, who is one of the property owners who hs moved to identify part of the beach as private property.
“It hasn’t been decided if they can participate in front of a judge,” Dwelley said.
Dwelley is part of a group of 23 homeowners who filed a lawsuit in late October against Kennebunkport over ownership of certain part of Goose Rocks Beach.
“Problem is that Maine and Massachusetts are unique in who owns the beaches,” said Dwelley. “Nobody’s trying to ban anybody who [demonstrates proper] conduct.”
Dwelley said that even though he has owned his home on Goose Rocks Beach for 40 years, it hasn’t been until recently that he’s seen a problem with public beach access.
In 2007, Dwelley said his wife was taking his grandchildren to the beach and could not get around a couple who set up in front of their stairs.
After a call to the police, the couple finally moved, but were back the following day.
Mead argues that some of the residents on Goose Rocks Beach may be, “stretching a few instances into a reality.”
Complaints to the town from Goose Rocks residents go beyond the general public and tourists abusing private beach privileges and include rowdiness during summer parties by beach-goers, Dwelley said.
“I would challenge anybody to go down and do a poll. Ask them [residents] about rowdiness, I think they would laugh,” said Mead. “It’s a quiet family beach.”
Mead said within the next month the town will know whether Maine will be able to intervene with the lawsuit.
“All we’re asking is to keep a tradition going forward and it’s unfortunate we have to do it in court,” Mead said.
The state of Maine has sided with the town against a group of beachfront property owners and will get involved in the case, according to Town Manager Larry Mead.
“They’re trying to intervene in the case with intention of public interest in the ability to use access to the beach,” Mead said.
While Mead said the state might be able to provide the town with legal help and other resources including sharing the state’s opinion and documents relating to the case, it doesn’t guarantee good news for town officials and those interested in preserving public access.
The state helped the town of Wells in a similar case involving Moody Beach that was decided in favor of beachfront property owners.
Maine may not even be able to provide help to Kennebunkport, said Goose Rocks Beach resident Parker Dwelley, who is one of the property owners who hs moved to identify part of the beach as private property.
“It hasn’t been decided if they can participate in front of a judge,” Dwelley said.
Dwelley is part of a group of 23 homeowners who filed a lawsuit in late October against Kennebunkport over ownership of certain part of Goose Rocks Beach.
“Problem is that Maine and Massachusetts are unique in who owns the beaches,” said Dwelley. “Nobody’s trying to ban anybody who [demonstrates proper] conduct.”
Dwelley said that even though he has owned his home on Goose Rocks Beach for 40 years, it hasn’t been until recently that he’s seen a problem with public beach access.
In 2007, Dwelley said his wife was taking his grandchildren to the beach and could not get around a couple who set up in front of their stairs.
After a call to the police, the couple finally moved, but were back the following day.
Mead argues that some of the residents on Goose Rocks Beach may be, “stretching a few instances into a reality.”
Complaints to the town from Goose Rocks residents go beyond the general public and tourists abusing private beach privileges and include rowdiness during summer parties by beach-goers, Dwelley said.
“I would challenge anybody to go down and do a poll. Ask them [residents] about rowdiness, I think they would laugh,” said Mead. “It’s a quiet family beach.”
Mead said within the next month the town will know whether Maine will be able to intervene with the lawsuit.
“All we’re asking is to keep a tradition going forward and it’s unfortunate we have to do it in court,” Mead said.
The State of Maine coming into this suit is fantastic news for those that oppose the attempt to privatize Goose Rocks Beach. (And make no mistake--the suit language is such that any of the 23 can deny access to you and your family without any reason AND anyone that purchases from these folks can do the same).
The State of Maine agrees with the Town of Kennebunkport that it is critical to defend this legal attempt to turn Goose Rocks Beach into a private preserve of a few, and others are joining as well. The Town will have allies in this fight, including a rapidly growing grass roots organization, Save Our Beaches, www.save-our-beaches.org, as many of you might have seen on Channel 13 or on the front page of the Sunday Boston Globe January 17.
Come to Goose Rocks Beach, and you'll see for yourself the respect the vast majority show the homeowners and other beach goers every day. Can you 23 homeowners really justify turning Goose Rocks Beach into an "I've got mine, your place is over there" class war?
Work with the community folks--we've all got plenty of reasons to keep the beach clean, safe and friendly, without resorting to a lawsuit that can stop you from walking, sitting, reading, sunbathing, or doing what beach goers here have done for 100 years. I can't believe all 23 (out of 88 oceanfront owners) intend to legally imperil a historical way of life.
Let's come to our senses--drop the suit, work with the Town and the Save Our Beaches organization, and we can address any concerns with out nuking the beach. There are two months of the year where we have a fair amount of people enjoying our beautiful beach, and we can manage this without resorting to costly and divisive lawsuits. For all of our sakes, drop this suit!
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