The Town of Kennebunk, represented by attorneys Amy Tchao, David Kallin and Melissa Hewey, recently recieved the long-awaited decision in the case of Robert F. Almeder et al., v. Town of Kennebunkport, concerning public rights in Goose Rocks Beach. Justice Douglas has ruled that, “After review of the extensive record in this case and after consideration of the unique circumstances presented, the court concludes that title to the disputed parts of the beach rests with the Town of Kennebunkport.” The decision found that the Town had established ownership of the beach from the sea wall down to the low water mark in front of 22 out of the 23 beachfront parcels whose owners sued the Town in 2009. There are 65 other beachfront parcels whose owners since 2012 have signed a beach use agreement that ensures continued public access to most of the remaining portions of the beach.
In a press release issued by the Town, Town Manager Laurie Smith said, “together with the beach use agreement, this decision allows the public to continue to use the beach as they have done for over a hundred years. For the past 10 years the Town has diligently defended this lawsuit in order to protect the public’s right to use the beach. The court’s decision validates the Town’s efforts to keep the beach open to the public and is very gratifying.”