Election: Suits over beach access continue (Printed June 18, 2010)

By Suzanne Hodgson

Staff Writer

 

Kennebunkport residents on Saturday approved a $250,000 increase in legal fees for the town’s lawsuit to maintain public access to Goose Rocks Beach.

More than 500 people filled Consolidated School’s gym for the annual Town Meeting, Many wore white “Save Our Beaches” T-shirts to support an increase in the legal budget.

Despite the large crowd and 51 articles on the town warrant, the $6.3 million budget was passed with almost no discussion.

Kennebunkport is involved in a lawsuit brought by more than 30 beachfront homeowners who seek to protect their beachfront property. The homeowners want recognition of boundaries of beachfront properties that extend to the low water mark, the average height of low tide, and seek limited use of those areas by the general public.

In a surprise move, the anticipated extensive debate on the $335,000 legal budget was cut short before the first resident could finish speaking.

Parker Dwelley, a plaintiff in the Goose Rocks Beach lawsuit against the town, was in the middle of explaining property owners’ positions when a member of the audience asked to move to the question, which would end discussion.

The motion was seconded and approved by the majority. After it passed, Jack Fleming, a Goose Rocks Beach property owner and plaintiff, challenged the moderator’s count.

A recount was taken with an official count of 370 votes to move the question and 76 against.

It appeared some members of the crowd did not vote.

The question of additional legal fees was passed by a similar majority, followed by brief celebratory clapping and cheers from some residents.

“It’s overwhelming,” said Mic Harris, founder of Save Our Beaches. “My only concern is there wasn’t more debate.”

Harris said the vote showed him Kennebunkport overwhelmingly supported keeping the beaches public. He said he hoped to see 250 people turn out in support of the measure, but was pleasantly surprised with his count of nearly 600 people in attendance.

Also approved Saturday was the use of $35,000 to cover an overdraft in the current legal fees account, also related to the lawsuit.

Since the original lawsuit was filed in November 2009, several of the original homeowners have dropped out of the suit.

The town has since counter-sued and now has more than 160 people named on the towns side of the suit.

            Staff Writer Suzanne Hodgson can be reached at 282-4337, ext. 233.

 

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