By Suzanne Hodgson

Staff Writer

A  judge has ruled the state may intervene on behalf of Kennebunkport in a lawsuit that seeks to keep Goose Rocks Beach open to the public.

York County Superior Court Justice Arthur Brennan met in Alfred July 21 with lawyers for the state, town, beach abutters and residents who feel they should continue to have beach access.

A group of 24 beachfront property owners sued the town in November after they became frustrated that Kennebunkport did not recognize their property rights to the low-water mark, or wet sand.

 Homeowners claim the beach is becoming increasingly crowded with beachgoers who abuse owners’ goodwill by not respecting their property and refusing to recognize their rights. They requested the town post signs that warn parts of the beach are private property.

The town filed a counterclaim that said the public has used the beach for generations and the public has the right to continue to use the beach.

Town Manager Larry Mead said having the state involved could allow for broader representation of property rights across the state.

Brennan also allowed 172 individuals represented by attorney Gregg Frame to act as “provisional intervenors” in the town’s suit. Individuals in this group have organized under the banner “Save Our Beaches,” and seek to ensure public access to portions of the beach that some property owners claim is private.

Frame said the judge requested more information from his clients to separate their claims from those of the general public. Frame said some of his clients’ claims are different because they can prove they have used the beach for 20 years or have specific agreements with beachfront property owners to walk across their properties to the beach.

“I think the court is concerned about the size and number of parties involved. They want to know, ‘How do we deal with so many? Do these litigates really have a valid claim?’” Frame said. “I’m not concerned about us getting in. If the courts want us to jump through more hoops, we can.”

Frame and Pete Thaxter, an attorney for beachfront property owners who brought the suit against the town, said Brennan also was concerned about how beachfront property owners were notified of the suit against the town. Thaxter contends that the town must notify every property on the beach because it claims to own the entire beach.

The beachfront property owners placed an advertisement in the county’s daily newspaper in May to alert the public of litigation. According to Frame, the justice said the advertisement was published before many summer residents returned to Kennebunkport. 

Thaxter said both sides need to determine how to notify every property owner potentially affected by the litigation. He said his clients are concerned only with claims again their properties, while the town is “making claims against all the properties.”

He said his clients were not concerned about the notification or the judge’s ruling to allow the state to intervene.

“That’s a very minor issue,” Thaxter said.

According to Frame and Thaxter, Brennan will take a few weeks to determine the rest of the motions, including some motions to dismiss the town’s claims and permanently stop specific individuals from intervening in the case. No date has been set for the next hearing.

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