Letters to the Editor (Printed March 26, 2010)
Goose Rocks debate emotional
To the editor:
The issue of the public using private areas along Goose Rocks Beach raises emotions in people throughout Kennebunkport, not just folks at the beach.
This is a legal issue now. Unless resolved through mediation, the issue of use of the private sections of the beach will be decided by the courts. There is very little to contribute to the legal situation by appealing to the emotions of people in the community, unless there’s a campaign being waged to wear down taxpayer reluctance to spend money on the town’s portion of the litigation.
The town’s $250,000 request for this year’s legal fees is merely an installment. No one can promise or predict the public cost of this litigation.
The town has probably spent tens of thousands of dollars already. The Moody Beach case lasted five years. Imagine what this might cost taxpayers at the rate of $250,000 annually.
If a deed grants a landowner the right to property “to the Atlantic Ocean” or to the low water mark, and many at Goose Rocks do, it is a waste of taxpayer money to try to assert rights over that land. This concept of owning land to the water is not unique to Kennebunkport but is found in deeds to land all along the coast of Maine.
It is unlikely that any court in Maine will grant the public the right to take or use without permission private property which is deeded to the owners.
In the Moody case, after the litigation was resolved in favor of the private property owners, they and the town negotiated a license for public use of the beachfront below the high water mark. Wells voters failed to approve the appropriation for that license to lease at a Town Meeting. In the end, nothing changed.
Susan Graham
Kennebunkport
Kudos to public and officials
To the editor:
I wanted to thank the public, school administrators and school board for the terrific input and work done to develop the RSU 21 budget.
This is not a perfect budget. There are still program cuts that I believe are harmful to students. There are excellent teachers who will lose their jobs. There are also potential savings and revenue that went unexplored. However, throughout it all, everyone worked together to overcome obstacles and develop a fair solution. Perhaps Washington, D.C., could learn a lesson from what occurred in our corner of the world.
The outpouring of public opinion – whether opposed to, or in support of a particular initiative – was tremendous. While cliché, it was truly democracy in action. You exercised restraint and conservatism during difficult financial times, but also were unwilling to destroy the excellent education our district provides.
Most importantly, you showed everyone what can be accomplished through opinion and dialogue.
To school administrators, when the board sets a budget target, principals and department chairmen are the ones who have to figure out specifically which teachers and programs to cut.
These folks have done an incredible job balancing student need along with fiscal reality. It should be publicly acknowledged – because they selflessly refused to bring attention to it themselves - that many of them froze their own salaries. They gave up pay raises to give back every available dollar to our children. Did you do that at your own job?
To the school board, wow, what a talented and dedicated group. The board faced vanishing state aid (thankfully a small portion was restored), increased fixed costs and a recession that created property tax hardships.
That, combined with the desire to provide our children with an excellent education, resulted in a seemingly impossible task. But they did it. While they are not perfect, and no constituent will ever be fully satisfied, I think all of us should be thankful for their diligence, skill and dedication.
Soon this school budget will go to public vote. I hope you will join me in supporting it, and in embracing the vigorous, thoughtful and widespread effort that went into this process.
Matt Fadiman
Kennebunk



Susan Graham would have you believe there is no chance to win the legal battle for your family's access to a gorgeous beach that has been an asset for all of us Kennebunkport residents.
Wrong on many counts. Two specific chances of establishing recreational rights on this beach in particular, but likely affecting other Maine beaches.
First, that Moody Beach case barely lost back in 1989, 4-3, on the principle of recreational use being an inherent right of the public, along with fishing, fowling and navigating, other rights that supersede deeds. And another case in Wells within a year or two actually won for the public access. So scoreboard reads 1 to 1.
Not only is this case ruling likely to follow the precedents recently established in NJ and Connecticut, but one of the judges in that narrowly defeated ruling in 1989 is now the Chief Justice of the Maine Supreme Court, and was one of those in favor of public access.
Secondly, 20 years of use historically establishes a prescriptive easement. There are public, and private easements.
All of you that have played in the sand with your families for decades, established those rights for yourselves, as the Town asserts in its defense.
I am not a lawyer, but I believe that a beach along the Atlantic Ocean is not a front yard. I do believe those folks own what their deed says they own, but I also believe that recreation is an inherent part of that environment.
Come talk about this any second Saturday of the month, details on www.save-our-beaches.org.
So please don't let some bold, sweeping generalizations discourage anyone from fighting a lawsuit that has been brought by 25 homeowners, at an estimated cost of over $250,000 for their share next year. Why? What is in it for them that they have to do this?
This lawsuit can be defeated. Heck, it can be dropped and the 25 could save themselves and us money, and we can all go back to sitting on the beach being friends and neighbors.
Please do not lose sight of the fact that 25 people filed this suit against the Town, and it's voters, along with "any ascertained persons". They alone can drop this suit, and I promise to use the same energy I am using to defeat this suit to help address whatever made them file this suit.
Let's clear the air--what is it you want, folks, that will get you to drop the suit? I can tell you that the Town and those of us fighting just want status quo--no land grab, no rights beyond recreation, and we are willing to talk about it, starting here.
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