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Moody Beach dispute reaches Maine Supreme Court

A sign describing privacy restrictions along Moody Beach.
Patty Wight
/
Maine Public
A sign describing privacy restrictions along Moody Beach.

The contentious debate over ownership of intertidal land at Moody Beach in Wells was brought before the state's supreme court today.

Eight lawyers representing the many parties involved in the lawsuit made their arguments in a case that could affect access to intertidal lands along all of Maine's coastline.

Keith Richard, attorney for Peter Masucci et al., said his clients are asking the court to overturn a 1989 decision which says that private land ownership extends to the low tide mark.

"To end the acrimony, chaos and conflict, we ask: legalize reasonable recreational use of the intertidal zone," he said.

Christopher Kieser, attorney for Judy's Moody LLC, said the court cannot overturn that decision, as it would result in the taking of private property and make the land publicly owned. If the intertidal zone is to be made public, he said, the courts are not the appropriate place to make the change.

"There is a political solution here, I believe that was mentioned earlier as well, the state or the town of Wells could buy the land or condemn it through eminent domain," Kieser said.

Much of the questions from the justices focused on whether Richard's clients had standing in the case.

The court also heard discussion focused on the hypothetical expansion of the acceptable public activities in the intertidal zone from fishing, fowling and navigating to include walking.

Kaitlyn Budion is Maine Public’s Bangor correspondent, joining the reporting team after several years working in print journalism.