The Maine Supreme Judicial Court heard arguments Wednesday in a dispute about property rights and beach access at Popham Beach in Phippsburg.
The appeal was brought by Richard Tappen, who owns a beachfront cottage, and purchased a parcel of land that cuts in front of his long-time neighbor Clark Hill. Tappen then sued Hill for trespassing.
A lower court ruled that there was an implied easement that gave Hill the right to access the beach.
Tappen's attorney, Glenn Israel, asked Maine justices to reverse that decision.
"The court can't just say, there's a beach, so there must be an easement there," he said.
Hill's attorney, Benjamin Ford, argued that the lower court's finding should be upheld.
"This is called the Popham Beach Estates," Ford said. " It is definitely shown that access to this beach was critical as part of the plan."
In Maine, private property rights extend to the low tide line. Public access is only allowed for 'fishing, fowling, and navigation.'
