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Fight over Maine beach access now comes down to one question

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Fight over Maine beach access now comes down to one question


WELLS, Maine —  A decide has whittled down a wide-ranging lawsuit in opposition to intertidal seaside property house owners to a single query.

What precisely is the scope of the general public’s proper to entry such land?

With no exact solutions supplied, native plaintiffs could also be in a position to struggle one other day on a minimum of that entrance. In any other case, Superior Court docket Justice John O’Neil dominated in a call earlier this week that intertidal zones – these stretches of seashores between the high- and low-water marks – belong to the property house owners who dwell upland.

For Lawyer Benjamin Ford, who represents the plaintiffs within the case, the decide’s determination offered simply sufficient motive to maintain transferring ahead.

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“As we speak’s determination proves what each Mainer who depends on our shoreline is aware of to be true: Maine’s intertidal downside is much from settled,” Ford stated in a ready assertion. “We thank the Court docket for its diligence in addressing these points and are desperate to proceed with the following steps towards reclaiming the Coast of Maine for all Mainers.”

Earlier story:Beachgoers suing for public entry to Maine coast need day in courtroom

Final April, Ford stood close to a personal stretch of Moody Seaside in Wells and declared he had filed a lawsuit in Portland that sought to return non-public seashores alongside the Maine coast to the general public. The plaintiffs included each business and leisure beachgoers, and the swimsuit took purpose at eight defendants, three of whom personal intertidal properties in Wells: Judy’s Moody, LLC, OA2012 Belief, and Ocean 503, LLC.

Benjamin E. Ford, a partner in the new Portland-based law firm Archipelago Law, holds a press conference Thursday, April 22, 2021, at the border of Moody Beach in Wells and North Beach in Ogunquit, after filing a lawsuit that he said aims to reclaim the intertidal zone of Maine beaches for public access.

Residents Peter and Cathy Masucci, of Wells, are amongst Ford’s shoppers. Others dwell in such communities as Waldoboro, Tub, Portland, Peaks Island, and Needham, Massachusetts.

Final summer time, attorneys for the house owners of personal seashores – in Harpswell and Friendship, Maine, along with Wells, for instance – filed motions to dismiss the case altogether.

In his determination, O’Neil granted the movement to dismiss the case because it pertained to the intertidal land house owners in Harpswell and Friendship who had been caught in a dispute with people who had been harvesting rockweed on their property for business functions.

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A sign at the boundary between North Beach in Ogunquit and Moody Beach in Wells, shown here in September 2017, advises beachgoers that the beach to the left is private and the beach to the right is public.

Nonetheless, when it got here to the native defendants, Judy’s Moody, OA2012 Belief and Ocean 503, the decide solely granted their motions to dismiss partially – asserting that they did certainly personal their intertidal land however leaving imprecise the query of what constitutes acceptable public use.

In submitting the swimsuit final yr, Ford took purpose at a call that the Maine Supreme Judicial Court docket made a long time in the past. Ford known as the choice “an historic mistake” that “locked away hundreds of miles of the Maine coast.”

In 1984, householders alongside Moody Seaside in Wells accused native and state authorities of failing to deal with beachgoers on their non-public seashores as trespassers. The householders requested the courtroom to ban the general public from utilizing the seaside in entrance of their properties, not solely on the dry sand but in addition the intertidal zone, based on a report on public shoreline entry produced by the Maine Sea Grant School Program, the Maine Coastal Program, and the Wells Nationwide Estuarine Analysis Reserve.

Splash into Spring:Ogunquit kicks off season with honest, Patriotic Pooch Pageant and extra

Two years later, the Maine Supreme Judicial Court docket dominated that the colonial ordinance enacted within the 1640s is a part of Maine’s frequent legislation. That ordinance had acknowledged non-public possession of beachfront property as together with the intertidal zone, extending all the best way to the low-tide mark. It had additionally acknowledged the general public’s proper to fish, fowl and navigate on privately owned tidelands, based on the report.

In 1989, in Bell v. City of Wells, referred to as the Moody Seaside case, the state’s high courtroom dominated that the one public rights acknowledged in intertidal areas are people who had been outlined within the colonial ordinance: fishing, fowling and navigating.

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Meaning beachfront property house owners alongside Maine’s coasts have property rights all the best way right down to the low-tide space, aside from an easement to permit the general public to have interaction in these three permitted actions.

Extra:Ogunquit’s iconic Perkins Cove footbridge to get $2.85M facelift

In his determination, O’Neil famous that the scope of the general public’s utilization rights “has been pliable.”

“The Regulation Court docket has maintained a versatile strategy to figuring out what public makes use of are allowed within the intertidal space,” O’Neil wrote.

O’Neil added that the courtroom had endorses public makes use of of the land which might be associated to, “however not coextensive with,” fishing, fowling and navigation.

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“Thus, what constitutes a permissible use of the intertidal zone by the general public has taken many kinds,” he added.

O’Neil famous that it was not clear which actions the plaintiffs want to pursue within the intertidal areas. Nonetheless, he did say it was “conceivable” that they’re wanting to have the ability to stroll, run or get pleasure from another types of motion on such land. O’Neil even referred to a plaintiff who’s a researcher who needs to entry intertidal lands for his skilled functions.

O’Neil famous that the Regulation Court docket has not particularly addressed whether or not actions associated to motion or analysis is permissible throughout the intertidal zone.

“Given the expansive and broad strategy that the Regulation Court docket has taken with regard to defining these utilization rights, it’s conceivable that motion associated or analysis primarily based exercise could also be an appropriate use,” he wrote.

The Related Press contributed to this report.

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Maine

Spectrum News Maine Debuts Sunday Morning Politics Show

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Spectrum News Maine Debuts Sunday Morning Politics Show


Spectrum News Maine premieres In Focus Maine, a weekly public-affairs program, Sunday, June 30. The half-hour program airs at 10:30 a.m. and will feature discussions with newsmakers, including government officials and expert analysts, on issues affecting Mainers.

Sen. Susan Collins (R-Maine) is in the premiere episode, with Josh Robin, Spectrum News’s chief national correspondent, conducting the interview. She describes the mass shooting in Lewiston, which happened in October 2023, as “the darkest day in Maine history in my life.” 

Collins also spoke on the rift between parties in D.C., and those who seek to work with those across the aisle. “I would like the people of this country to know that despite the extreme hyper-partisanship that we’re seeing in Washington, that there are people who work hard every day for a better America, and to come together on legislation to try to improve life for everyday Americans,” she said. “And we tend to work together, Democrats and Republicans.”

Spectrum News Maine, owned by cable operator Charter Communications and available to its Spectrum subscribers, debuted earlier this year. 

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Local In Focus programs are on the air elsewhere in the Spectrum News group, including in New York City, upstate New York, Ohio, Wisconsin, Florida (Orlando and Tampa), Texas, North Carolina and California. 



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Stories from Maine: Nathaniel Hawthorne’s ‘mischief’ nearly got him booted from Bowdoin College

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Stories from Maine: Nathaniel Hawthorne’s ‘mischief’ nearly got him booted from Bowdoin College


The Charles Osgood oil-on-canvass portrait of Nathaniel Hawthorne, 1840. Courtesy of Peabody Essex Museum

The Bowdoin College Class of 1825 is revered as the greatest in the school’s history for its many legendary graduates. Yet, despite his later distinction, one of those American legends was nearly expelled.

Future novelist Nathaniel Hawthorne, perhaps best known for “The Scarlett Letter” spent most of his youth traipsing around the family summer home in Raymond, and he spent a great deal of time preparing for the rigid Bowdoin College entrance examinations.

Hawthorne’s uncle, Robert Manning, then sent his nephew to Portland to study under the tutelage of a “stingy old curmudgeon,” Rev. Caleb Bradley of Stroudwater. By August of 1821, Hawthorne had made the cut.

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Then, Bowdoin’s campus had only five faculty and just three buildings — Maine Hall, Massachusetts Hall and the Chapel. Winthrop Hall was under construction.

Most students worked long and hard to pass the exams but, once admitted, many later seemed hell-bent to toss it away. Hawthorne appears to have been one of those students.

“I was an idle student, negligent of College rules” and preferred “… to nurse my own fancies.” Undoubtedly, it was not helpful that Moorhead’s Tavern was located at the northwestern corner of the campus, or that a number of “secret societies” existed.

“Mischief … is the constant companion of idleness,” Hawthorne scribed. “I am afraid that my stay here will have an ill effect upon my moral character.”

“Drinking, smoking, and card playing” were three sins Hawthorne rarely avoided, though punishment — if caught — could be harsh.

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“I narrowly escaped detection,” Hawthorne wrote. “I have, in a great measure, discontinued the practice of playing cards,” Nathaniel assured his sister, “and [I] mean … to be more careful.”

In his second year, while Brunswick saw a green-up of spring, catastrophe struck. On Monday, March 4 of 1822, at 3 p.m., the loud cry of “Fire!” was heard. Flames and smoke were found coming from “the garret” at Maine Hall, and the conflagration was already “beyond control.”

“Twelve of the students” lost all of their belongings, clothing, furniture, and bedding to the flames. Hundreds of volumes in the “theological library,” and “the whole of the woodwork” of the building’s interior, were lost “by seven that evening.”

“Except having my coat torn,” Hawthorne wrote, “I sustained no damage by it.”

Hawthorne was a “dandy,” a handsome young man who took great care in his appearance. When, Hawthorne received his first watch in his sophomore year, he proudly remarked that he would “cut a great dash” on campus.

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Hawthorne was provided a stipend from his uncle, yet he often wrote home asking for more funds. “If I remain in Brunswick, I shall spend all my money,” Hawthorne complained to his sister, and “I have no clothes in which to make a decent appearance.”

Yet, leaving campus seemed more of a priority for Hawthorne, and he was not above conspiring to finagle permission to leave. “You must write me a letter” Hawthorne cautioned his eldest sister, “If you do not, I shall certainly forge a letter” or, “I will leave Brunswick without liberty.”

Monotony appears to have been Hawthorne’s constant nemesis. He and fellow classmate Horatio Bridge spent much time walking the woods of Brunswick, and each enjoyed “lingering for hours” by the river watching “giant pine logs … come to the falls … and plunge into the foamy pool below.”

Bridge wrote of “an old woman” that lived in a run-down shack at “the lower end of town.” She “pretended to be a fortune teller,” and “for nine-pence” Bridge and Hawthorne were often “entertained” by her prognostications.

Yet, it was card playing and drinking at “Ward’s Tavern,” or more likely at Moorhead’s Tavern, which was most preferred.

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In May of 1822, a large card game was exposed by college faculty and the result of that discovery left “one student dismissed, two suspended,” and others fined. And this time, Hawthorne did not “escape detection.”

On May 29, College President William Allen fined Nathaniel “50 cents for gaming at cards.” “If I am again detected,” Hawthorne warned his mother, “I shall have the honor of being suspended.”

The only known class (portrait) silhouette of Young Nathaniel Hawthorne at Bowdoin. Courtesy of Bowdoin College archives

Hawthorne was often cited for numerous infractions such as “neglect of themes,” “Excessive walking on the Sabbath Day,” and “absence from recitation.” He may even have been absent from sitting for his own class silhouette (portrait). “Hawthorne disapproved,” explained Horatio Bridge, “he steadily refused to go.”

Yet, despite his trials and tribulations, on Sept. 7 of 1825, Nathaniel Hawthorne graduated from Bowdoin and, though he little considered himself to be a memorable student, his time at Brunswick is not forgotten.

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Today, the bookstore Twice-Told Tales, even bears one of Hawthorne’s book-titles and serves to remind us that Nathaniel Hawthorne’s matriculation at Bowdoin, nearly 200 years ago, is one of the best-surviving of our Stories From Maine.

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Check Out Where in Maine These 16 Celebrities Were Born

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Check Out Where in Maine These 16 Celebrities Were Born


Our Pine Tree State is known for many things, including producing a fair share of well-known celebrities!

Listen, we get it—Maine might not be the first place you think of when it comes to producing celebrities. States like Illinois, California, and New York usually get that spotlight. Instead, we’re known for our delicious seafood, rugged outdoor wear, iconic New England architecture, and stunning natural beauty.

Credit: Canva / Getty Stock

Credit: Canva / Getty Stock

But it’s true: many famous celebrities were born here in Maine and proudly call ‘Vacationland’ home.

While some famous folks may have been born in Maine and later moved elsewhere, considering their new location as home, that’s perfectly fine too. The lines between being a ‘Mainer‘ and someone ‘from away‘ are blurry. Generally speaking, we Mainers are open to embracing anyone with a connection to Maine, no matter how small.

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Credit: Canva / Getty Stock

Credit: Canva / Getty Stock

We take pride in our state’s influence and are always happy to welcome those who share a piece of our heritage.

In putting together this list of famous folks and where they were born in Maine, we wanted to think outside the box. For example, everyone knows about Patrick Dempsey, aka ‘Dr. McDreamy’ and People Magazine’s 2023 Sexiest Man Alive. He’s a well-known Mainer, born in Lewiston, so we didn’t include him here.

Patrick Dempsey Attends TAG Heuer Sydney Boutique Re-Opening

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Instead, we focused on less obvious choices, making our list of 16 celebrities more intriguing and unique.

That being said, McDreamy could have easily been added to this, and we could have renamed this ‘Check Out Where These 17 Celebrities Were Born in Maine,’ but 16 just has a better ring to it, doesn’t it?

“Ferrari” SAG Awards Screening + Q&A

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Alright, without further ado, which celebrities were born in Maine? And where in our great Pine Tree State exactly? Keep scrolling to find out!

16 Famous People You Probably Didn’t Know Were Born In Maine

From accomplished newspeople to actors and actresses to pro wrestlers, here are some very famous people that you may not realize were born in Maine

Gallery Credit: Getty Images

Check Out These 23 Celebrities Who Visited Maine in 2023

Maine is known as ‘Vacationland’ for a reason, right? Check out these 23 celebrities who visited our Pine Tree State in 2023!

Gallery Credit: Jordan Verge

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Mainers Advised to NOT Travel to These 9 Places

The United States Department of State regularly issues travel advisories for Americans to help keep them safe during their vacations. There are four levels of advisories: exercise normal precautions, exercise increased caution, reconsider travel and do not travel. These are nine of the 19 destinations under a Level 4: DO NOT TRAVEL advisory.

The Top 10 Drunkest Cities in Maine

There’s no doubt about it, Maine likes to drink, but where in the Pine Tree State do Mainers like to drink the most? RoadSnacks did the math, and we’ve got the top 10 ‘drunkest’ cities in Maine!

Gallery Credit: Jordan Verge

14 Everyday Phrases Used in Maine That Are Historically Racist

You’d have to look long and far to find an example of someone using these as they were originally intended today. As they were first coined to oppress, they’ve become universally accepted as ordinary, everyday greetings and phrases in this modern day.

Gallery Credit: Kelso





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