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Maine judge affirms that intertidal zone belongs to private property owners

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Maine judge affirms that intertidal zone belongs to private property owners


An indication on Moody Seaside tells guests that the world north of the Wells-Ogunquit line is non-public. A bunch challenged a regulation that provides possession of the intertidal zone to property homeowners as a substitute of the state, however a choose has dominated largely towards them. Ben McCanna/Workers Photographer

A Cumberland County Superior Court docket justice has affirmed that the land between the excessive and low tide marks on Maine seashores belongs to personal property homeowners, not the state, however he didn’t rule on whether or not the general public might use that land for actions like operating.

The ruling dealt a blow to the practically two dozen plaintiffs who filed a lawsuit to overturn the non-public possession of the intertidal zone. Superior Court docket Justice John O’Neil Jr. dismissed practically of all claims and half of the defendants in an order this week. However O’Neil additionally prompt {that a} future order might increase the allowed makes use of on that public land, and your complete case nonetheless might be sure for the state’s high courtroom.

“This lawsuit is the newest battle within the warfare over the intertidal lands off Maine’s coast,” O’Neil wrote.

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Most coastal states personal the land between the high and low tide marks on their seashores. Greater than 30 years in the past, when the Maine Supreme Judicial Court docket dominated that non-public homeowners personal all the way in which to the low-tide line, it additionally mentioned the general public has restricted rights to make use of the intertidal zone for “fishing, fowling and navigation.” That language dates again to an ordinance from the 1640s, and its which means has lengthy been disputed.

The plaintiffs have requested the courtroom to increase that definition, and that a part of the lawsuit remains to be alive.

Most of the 23 plaintiffs have a enterprise curiosity within the intertidal zone as seaweed harvesters and processors, clammers, wormers and oyster farmers. One is a marine biologist; one other is a professor emeritus on the College of Maine College of Regulation and a longtime voice within the authorized debate over seaside possession. Others personal property close to Moody Seaside in Wells – the identical seaside that was the main focus of the Nineteen Eighties rulings from the Supreme Judicial Court docket. They filed their criticism in Cumberland County Superior Court docket in April 2021.

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Legal professional Ben Ford, who represents the plaintiffs, issued an announcement Wednesday that didn’t tackle the sweeping dismissal. He additionally didn’t reply follow-up questions by way of electronic mail about what attraction choices can be found to his shoppers and the way this ruling will influence their final objective of public seaside possession.

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WEIGHING NEXT STEPS

“Immediately’s choice proves what each Mainer who depends on our shoreline is aware of to be true – Maine’s intertidal downside is way from settled,” Ford wrote in an electronic mail. “This choice provides us a number of choices on subsequent steps and we’re weighing these choices fastidiously. We thank the courtroom for its diligence in addressing these points and are desirous to proceed towards reclaiming the coast of Maine for all Mainers.”

Attorneys who characterize many of the defendants mentioned they have been happy with the choice. 5 of 10 defendants will probably be solely free of the lawsuit. In 2019, the Supreme Judicial Court docket discovered that rockweed is on non-public property and may now not be harvested with out permission from landowners. On this case, O’Neil discovered that these 5 individuals have been being sued solely as a result of they both known as the Maine Marine Patrol on rockweed harvesters within the intertidal zones close to their property or advocated for rockweed conservation.

“If the plaintiffs’ choice to call the Pages, Li and Newby had nothing to do with their stories to Maine Marine Patrol, then it’s curious why each single shorefront property proprietor who claims title to adjoining intertidal land isn’t named on this go well with,” O’Neil wrote.

O’Neil dismissed the claims towards that group of defendants as a violation of Maine’s Anti-SLAPP statute, which is supposed to discourage such lawsuits. (SLAPP stands for “Strategic Lawsuits In opposition to Public Participation.”)

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“It’s an excellent final result and the result they have been asking for,” lawyer Gordon Smith, who represents these 5 individuals, mentioned Wednesday. “They don’t need to be in litigation. They have been simply exercising their rights as they understood them.”

A type of defendants was Robin Hadlock Seeley, a marine scientist and one of many founders of the Maine Rockweed Coalition, a nonprofit that promotes conservation.

“It bolstered the rights of landowners, together with coastal land trusts, to guard very important marine panorama and stop indiscriminate habitat destruction,” she mentioned of the order on Wednesday.

ARGUMENTS NEGATED BY PREVIOUS OPINIONS

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The choose additionally dismissed three claims that put forth totally different arguments about why the state is the true proprietor of the intertidal zone. O’Neil mentioned the Supreme Judicial Court docket had negated these arguments in earlier opinions, and the plaintiffs couldn’t make their case by difficult land conveyances from the seventeenth century.

“Primarily based on the info plead on this criticism, even considered in probably the most favorable gentle attainable, this motion to quiet title to the intertidal lands on the State of Maine has been introduced 120 years too late,” O’Neil wrote.

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Legal professional David Silk, who represents two LLCs that personal beachfront property in Wells, mentioned the query of possession is “well-settled.”

“We’re happy to see the courtroom agreed that the regulation in Maine is well-settled concerning possession of Maine’s intertidal land,” Silk wrote in an electronic mail.

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He didn’t tackle the remaining declare towards his shoppers about public use of the intertidal zone close to their properties. The criticism says entry to the intertidal zone on Moody Seaside has been restricted by signage or verbal instruction to depart or steer clear of that stretch of sand. O’Neil wrote that it’s not clear whether or not actions equivalent to strolling, operating or doing analysis are allowed within the intertidal zone, however it’s attainable that they’re. Settling that query might be one subsequent step within the litigation.

An lawyer who represented one other LLC couldn’t be reached Wednesday afternoon. Two defendants aren’t represented by any lawyer.

Maine has 3,500 miles of tidal shoreline – in line with state officers, the fourth longest in america. Most of it’s rock, and sand seashores are uncommon. The justices who heard the Moody Seaside case within the Nineteen Eighties are now not on the Supreme Judicial Court docket. However their successors have dominated a number of occasions about seaside entry and possession within the many years since. These instances have typically centered on the which means of “fishing, fowling and navigation” in a contemporary context.

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Maine

‘You can’t wait for perfect’: Portland mixes care, crackdown in homeless crisis – The Boston Globe

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‘You can’t wait for perfect’: Portland mixes care, crackdown in homeless crisis – The Boston Globe


But where some outreach workers see peril, Dion sees a positive.

“I’m pretty proud of it,” he said of the city’s response, including opening a new, 258-bed shelter, which city officials said had absorbed many of the homeless evicted from the camps. “Some of the nonprofit world wanted a perfect answer, but you can’t wait for perfect.”

Portland Mayor Mark Dion in the dormitory of the homeless services center.Lane Turner/Globe Staff

Crackdowns against homeless encampments have gained momentum in New England, after the Supreme Court ruled in June that communities can enforce bans on sleeping on public property. This month, the Brockton and Lowell city councils banned unauthorized camping on public property, joining Boston, Fall River, and Salem with some form of prohibition.

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In Portland, the parks are now cleaner, but the underlying problems of homelessness remain, social workers said.

“The research is pretty clear that sweeps don’t work. We’re not supportive of the encampments, either; they’re awful places,” said Mark Swann, executive director of Preble Street. “But poverty is complex, and solutions to poverty and homelessness are complex, and people like the black and white.”

After the evictions, some of the homeless found shelter and a broad range of care at the $25 million homeless services center, which opened in March 2023 on the outskirts of the city, about 5 miles from downtown. About 15 to 20 beds are available each day, city officials said, but a far greater number of homeless are sleeping downtown and elsewhere.

The 53,000-square-foot complex contains a health clinic, dental services, storage lockers, mental health counseling, and meeting rooms for caseworkers, as well as three meals a day, laundry facilities, and shuttles that take clients to and from downtown, where other social-service providers are located.

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Pushing his belongings in a shopping cart, James Dolloff recounted his slide into homelessness in downtown Portland.Lane Turner/Globe Staff

“This place saved my life,” said Michael Smith, 33, an Army veteran with post-traumatic stress disorder, who had been sleeping next to a heating vent outside City Hall before he moved to the shelter.

Clients can leave whenever they choose, but many remain for days or weeks while matches with hard-to-find housing are sought for them. No identification is required, and people are accepted even if under the influence, but substance use is not tolerated on site.

“We’ll serve 1,300 to 1,400 unduplicated individuals in a year,” said Aaron Geyer, the city’s director of social services. “I’m incredibly proud of the space we have. It had been a long time coming.”

City spokesperson Jessica Grondin said the number of homeless on the streets is smaller than the number evicted from the camps.

“Most have gone to the shelter,” Grondin said. “We will have a warming shelter in place this winter when the temperatures get to a certain level,” she added, and “outreach workers will encourage these folks to go there for the night.”

The city’s previous shelter, located downtown, had used beds and floor mats, some placed about 12 to 16 inches apart, to accommodate 154 people. In addition to the new facility, Portland operates a family shelter with 146 beds, and a space with 179 beds used by asylum seekers.

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David George Delancey, 62, a former truck driver, has been living at Portland’s upgraded shelter for more than a year. “This is probably the best place to be if you want to be safe,” he said.

Delancey is still looking for housing, which Swann, of Preble Street, said is increasingly unaffordable and has contributed to the dramatic escalation of Portland’s homelessness.

“There was a time not that long ago, about seven years ago, when it was extremely rare in Greater Portland to see somebody sleeping outside,” Swann said. “There were eight or nine nonprofits running shelters along with the city at that time, and a really robust planning mechanism. That stopped on a dime.”

David George Delancey sat in the homeless services center cafeteria.Lane Turner/Globe Staff

Under former governor Paul LePage, the state cut its reimbursement rate for general-assistance funding, which communities can use for shelter costs, to 70 percent from 90 percent, Swann said. For Portland, a tourist destination with a lively food and arts scene, that decrease squeezed its ability to serve the homeless, he added.

“People do not disappear when you do not shelter them, and almost overnight dozens and dozens of people could not find a safe place to sleep with a roof over their heads,” Swann said.

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Other reasons for the spike included the mass social disruptions caused by COVID, a shortage of housing vouchers, and a steep rise in Portland’s cost of living. The city’s real-estate prices, including rents, have soared along with an increase in gentrification.

A point-in-time survey in January 2023 by MaineHousing, an independent state agency, found 4,258 people were homeless in Maine, a nearly fourfold increase over the 1,097 who were recorded in 2021.

“The other big challenge is that Maine has a serious opioid problem, one of the highest per-capita rates in the nation,” said Andew Bove, vice president of social work at Preble Street, which has 108 beds at three shelters in the city. “Many of the people we see sleeping out, a high percentage, have opioid-use disorder.”

Opioid fatalities have declined in Portland this year, to 14 deaths through October compared with 39 through October 2023, according to police statistics. But nonfatal overdoses have increased, to 459 from 399 over the same period.

Dion said opioid use in the camps, and its related safety concerns, were important drivers of the decision to raze them.

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“There was a lot of violence and exploitation directed against women in that population,” as well as theft in abutting neighborhoods, said Dion, who was elected to the City Council in 2020. “It went from being incidental to dominating the landscape of the city. At City Hall, it sucked the oxygen from every other issue.”

On the streets, the homeless continue to congregate during the day, primarily in the Bayside neighborhood, which is home to several social service providers.

Matt Brown, who founded an outreach group called Hope Squad, said it’s painfully apparent that more needs to be done, especially with winter approaching.

“I see people here, and I can almost see putting them in a [body] bag,” said Brown, a former federal parole officer, as he walked through Bayside recently.

“The uncertainty of what’s going to happen in the next few months is really scary,” he added. “Your garden-variety citizen doesn’t know exactly what’s going on.”

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Brian MacQuarrie can be reached at brian.macquarrie@globe.com.





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Beware of these proliferating Maine rental scams

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Beware of these proliferating Maine rental scams


Housing
This section of the BDN aims to help readers understand Maine’s housing crisis, the volatile real estate market and the public policy behind them. Read more Housing coverage here.

A unicorn apartment was listed in the pricey city of Ellsworth: a 2-bedroom with all utilities included for just $700 per month.

If that sounds too good to be true, it is, and the scam was not hard to detect.

The unit was posted by an anonymous Facebook user in a local forum without a specific address. A palm tree was faintly visible through the front door in one photo. When a reporter inquired about the post, someone used a Montana company’s name and sent a link to apply for a private showing in exchange for a $70 deposit.

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A quick call to the Montana company, which deals only in home sales in that state, is not behind the scam listing. A representative said the agency gets daily calls from Facebook users around the nation telling them scammers are impersonating them.

These kinds of apartment listing scams, often seen on Facebook or Craigslist, have picked up steam in recent years as the nation’s housing crisis deepens and more have become desperate for affordable places to live. The scams often promise below-market rents in cities squeezed for that kind of inventory, meaning the fraudsters target those who are most vulnerable.

“Rental scams in a very tight market are very prevalent,” Phil Chin, a lead volunteer with AARP Maine’s fraud watch network, said. “People under the pressure of income are trying to get the best for a lower price, and seniors are always at disadvantage only because they don’t have the wherewithal to do all this checking around.”

These kinds of scams are “unconscionable” for targeting families looking for affordable housing, Attorney General Aaron Frey said in a statement. His office has received multiple complaints on the issue.

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Many of the advertised units do not exist, the Federal Trade Commission wrote in an advisory. Some exist but are not for rent. One Maine homeowner recently discovered that his house was for rent on Craigslist without his knowledge, said Christopher Taub, Frey’s deputy. The ad included photos and almost got one renter to send money to a Nigerian email address.

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“Fortunately, the shopper contacted the Maine homeowner and discovered the scam before sending any funds to the scam artist,” Taub said. “Other consumers haven’t been so lucky only to arrive at their paid vacation home for the week or new apartment to find out that it isn’t for rent at all.”

Often, Facebook users are wise to these scams and will comment that they appear to be one. But Facebook allows any poster to restrict their comments, allowing many fraudulent listings to go unchecked. Neither Craigslist nor Meta, Facebook’s parent company, responded to a request for comment on scam apartment listings.

To avoid being scammed, it’s important to confirm the person listing an apartment is legitimate or from a known and trusted business before sending them money, Taub said. Call the property management company and ask lots of questions or visit it yourself, the office advised.

The Federal Trade Commission recommends searching online for the rental location’s address and the name of the property owner. If the two don’t match, that’s a red flag. If there’s no address listed at all, like the Ellsworth unit, that’s another sign of a scam.

Though Maine landlords are allowed to charge application fees, it can only be for specific reasons including a background check, a credit check or some other screening process, according to Pine Tree Legal Assistance. Frey warns against paying any such fees by cash, wiring money, sending gift cards or paying by cryptocurrency, as you can’t get that money back.

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“It’s a hard one to deal with. People are under income pressure,” said Chin of AARP Maine. “They have to be vigilant on their own, … but it’s hard to keep your wits about you when you’re facing eviction.”



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Vendors prep for Maine Harvest Festival & Craft Show this weekend

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Vendors prep for Maine Harvest Festival & Craft Show this weekend


BANGOR, Maine (WABI) – You don’t need to be a farmer to enjoy Maine’s harvest this weekend!

Maine Harvest Festival & Craft Show is returning to Bangor’s Cross Insurance Center both Saturday and Sunday.

Open from 10 a.m. to 4 p.m. both days, there will be over 80 local artisans, farmers and crafters selling a wide variety of goods, making it a perfect stop for Christmas gifts or Thanksgiving additions!

WABI got a glimpse into the Cross Insurance Center Friday as vendors prepped their booths ahead of the weekend.

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New this year: admission is free!

Organizers say it is in response to low admission numbers post-COVID and to incentivize as many people as possible to come shop local.

“At the Cross Center, we really want to celebrate our community, and we want to make sure we give people, our local vendors a spotlight to reach the community,” says Brad LaBree, Cross Insurance Center’s Director of Sales and Marketing.

The event will also give attendees a chance to participate in the Cross Insurance Center’s ticket giveaway to upcoming shows a part of their Broadway series.

LaBree says Cross Insurance Center is expecting about a 5,000-person turnout this weekend.

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