Wells, Maine (NEWS CENTER) -- Moody Beach in Wells is a quiet place. That's because of a landmark 1989 Maine Supreme Court Case which ruled that property owners also own the beach to the low water mark and that the public had the rights for "fishing, fowling and navigating." That decision was based on deeds and documents going back four hundred years.
The decision was shocking as generations of Mainers had grown up with access to the beach. Over the last twenty five years, there has been a plethora of legal moves as both sides maneuvered for control of the beaches.
In general those legal battles have moved northward. Currently, Goose Rocks Beach in Kennebunkport has been the subject of a big and ugly legal battle. Often these disputes pit the towns and year-round residents against summer residents.
There are disputes going on in pockets all along the coast. Adam Steinman is an attorney and surfer who won a case which allows SCUBA divers access to the water as part of the right to navigate. Steinman is adamant that the public should have rights to use Maine's beaches. "I think about it every day."
So do people who believe they own the beach in front of their homes and don't want the public using it. Many say that public uses are unsafe, unsightly and leave them vulnerable to liability.claims from users they don't even know.
Ben Leoni is an attorney who represents property owners at Goose Rocks Beach. He things the battle over the use of Goose Rocks was the wrong tactic to take and that the town should have negotiated an agreement with the property owners.
"If we're going to learn anything from Goose Rocks, it's that litigation is not the way to secure public access," Leoni told NEWS CENTER. "There are a lot of ways that are less expensive and that build communities rather than tearing them apart. I would encourage everybody to secure those options before resorting to litigation."
Increasingly, it is getting more difficult to access beaches. The latest dispute is at Higgins Beach where property owners say that surfers are abusing rules.
There is hope by some that the Supreme Court of Maine will overturn its decision over Moody Beach. UMaine Law Professor Orlando Delogu noted, "Others courts have said, 'We got this wrong.' We can correct this."
