A superior court justice has found that property owners in a Popham Beach subdivision have the right to use the beach between the low and high tide lines.
The decision comes out of a dispute between two long-time neighbors. One family, the Tappens, purchased an additional parcel that cut in front of their neighbors' cottage to the beach, then sued them for trespassing. That family — the Hills — claimed it was a bogus sale and counter-sued.
The Hill's attorney, Benjamin Ford, called the judge's decision important for beach access.
"It sends a message to people that we are always going to have disputes over land and the way people use public resources and things like that. But calling it private property is not the way to resolve the dispute," he said.
The attorney representing the Tappens, Glenn Israel, said although the decision gives rights to use what he calls the wet sand portion of the beach, the question of who has rights to the dry sand portion of the beach above the high tide line is unanswered.
"I think both sides should be somewhat disappointed by the fact that the primary issue remains undecided," he said.
Israel said his clients are considering options for appeal.
