Seems like the lawsuit is taking forever to wind it’s way through the system, but we are heartened by recent court rulings here in Maine. We haven’t had much to write about, and our apologies for not keeping this site more exciting, but there hasn’t been much to discuss! Recent court rulings elsewhere will no doubt add perspective to the Court, which will hear motions in November. Let’s catch up, warning in advance that like you, we hear second or third hand sometimes, and we are not lawyers, just passionate people trying to continue a wonderful sharing spirit that has existed for over 100 years.
First, recent rulings in Eastport and recently Sebago Lake have found in favor of more access rather than less. We’ve shared the recent Eastport information in another story, so please check that out. The Sebago Lake decision is more recent, and essentially found that back lot owners could cross the land of front lot owners to access Sebago Lake. This has bearing on the TMF group of Goose Rocks Beach homeowners being included in the current Goose Rocks Beach case as parties with significant interests and concerns, according to sources.
In November, Judge Brennan will rule on several broad motions that seek to throw out this side or that, this group or that, and it is likely, again according to sources, that most will be dispensed with without affecting the case going the distance. So November is shaping up as a month that will see some shirt sleeves being rolled up, and the temperature may rise in spite of the November winds!
Many of us have had semi-cordial conversations with folks involved in the lawsuit, who either honestly don’t see the implications of their actions, or are extremely duplicitous. There is a huge difference between intent and legal rights, and while many affirm that they don’t want to stop locals and neighbors from using the beach, they want the right to kick anyone they choose, for any reason, off what they consider “their” beach. The intent doesn’t convey with a sold property, the intent doesn’t transcend generations, and they refuse to consider an effort to privatize Goose Rocks Beach, which it clearly would in our opinion.
If, as a homeowner, I am allowed to force you off the beach because you are wearing a blue bathing suit, which I dislike, or because you are too tall, too short, from Ohio, have red hair, speak with an accent–tell us how that is not turning Goose Rocks into a private country club or condo? For the most part, the homeowners who bought oceanfront property in the last ten years bought BECAUSE of the community, not in spite of it! It is extremely disingenuous to claim that they are protecting us from decades of sharing a wonderful resource with anyone that wants to enjoy it, and creating beach versions of “urban myths” that they trot out to share how horrible beachgoers can be in the modern era.
The lawsuit was a sledgehammer, where some well aimed hammer taps using existing political and community systems would have worked. Don’t forget that the lawsuit was filed about two years ago in the dark of the upcoming Winter, and in our opinion, was filed under the assumptions that few would know, and that the Town would capitulate rather than fight. It was a power play, pure and simple, and for those of us that want to try and be generous toward the plaintiffs, ask yourself why they could not have worked through the community instead of trying to bulldoze the community?
When this lawsuit is settled, and it will be, and the public is allowed to continue to enjoy the beaches, as we hope they will be, Save-Our-Beaches will happily be available to help shape future use in ways that enhance the community, keep the beaches clean and safe, and support all homeowners and visitors alike around one of the most beautiful places on the planet. In the meantime, for those of you suing the community, would you do it this way if you had it to do all over again?