First of all, Happy Thanksgiving to all. The beach is beautiful this late Fall morning, and we are expecting a small snowfall on Thanksgiving Eve! Hope you all have a great family time, and thoughts and prayers to those having a tough time–look out for your neighbor.
The beach fight drags on legally, but attending last Friday’s hearing was actually very interesting. We were impressed with the judge, with counsel on both sides, and Richard Driver and Alex Lachiato spoke eloquently when they were called upon by the judge.
Friday was a day to argue some of the more sweeping summary motions, the ones that both sides hoped might end the case, or disallow certain parties from the case. The judge mentioned that he would rule on the three or four motions sometime in December, and in our opinion, the judge felt that the arguments called for findings in fact, or arguments in a trial, rather than broad principal decisions, so it seems doubtful that anything dramatic will come out of the summary arguments.
The T0wn argued that there never has been evidence presented that shows early deeds including rights to the water, and that you can’t convey what you don’t own. There are certainly technical elements that both sides argued, but it appears that the judge believes that arguements of fact will be the way to go rather than ruling on either sides merits, so very likely trial.
The other major component was the TMF group, the group of local residents who are joining with the Town as a class, and whom the plaintiffs would like to see dismissed from the suit, on the argument that the Town already represents the public, and the local group of 170 or so families are just a subset of the public. It seemed from a layperson’s perspective that the judge did see a decided difference between general tourist type public and homeowners in Goose Rocks who clearly would be impacted adversely should there be a ruling in favor of the plaintiffs.
So our feeling is that the TMF group will be part of the side that includes the Town of Kennebunkport, the State of Maine, perhaps the Surfrider Organization, and a couple of pro se folks already mentioned. Richard Driver spoke quite passionately concerning the status of local residents who have long lived as a community before this suit was filed by those who apparently want to see a giant condo. Mr. Driver pointed out that the majority of the plaintiffs bought property knowing that the beach was used for recreation by the public! Apparently, many are of the “I got mine, now you can’t have it” mindset. His testimony seemed very compelling and the judge asked some interesting questions around it.
There is a movement under way to come up with a compromise, with a group that is comprised of waterfront owners and locals, trying to find ways to protect all of the various interests, and we wish them well. The details are being worked out, but very well thought out and very serious, and as things progress we’ll share details.
Again, Happy Holidays, and pardon our laypersons’ interpretation of some very complex issues. Save-Our-Beaches is keeping a low profile this Fall compared to other years, as things are moving on both the legal front and the compromise group, and there is not much to focus on or participate in favor or against! So stay tuned, and we’ll turn up the wattage as the opportunities warrant, but thanks for your continuing interest and support in keeping a natural resource available for all of us to enjoy!