HARPSWELL
The Maine Supreme Judicial Court has rejected a motion to reconsider its ruling against Cedar Beach/Cedar Island Supporters, Inc.
In July, the court overruled a lower court decision that gave the public access over private property to Cedar Beach on Bailey Island. While the public has accessed the beach via a small pathway over private land for decades, more recent landowners have been reluctant to continue access, citing litter and unwanted behavior on the beach.
A few years ago, concerned Harpswell residents formed Cedar Beach/Cedar Island Supporters, Inc. to file suit against the property owner and fight for permanent, public access to the beach. While they won a temporary victory in 2014 when a lower court found in their favor, the Maine Supreme Judicial Court’s decision vacated that ruling.
Betsy Atkins, the current property owner, has indicated that she will continue allowing access to the beach despite the court’s ruling. However, she could close off her property to foot traffic at any time.
On Aug. 2, the group filed a motion for a reconsideration, citing a 2014 case that they believed would change the outcome of their case and questioning the rights seemingly granted to easement holders under the ruling. Just three weeks later, the court rejected the motion, putting the lawsuit to rest.
“We’re disappointed with the court’s decision,” said Michael Helfgott, president of Cedar Beach/Cedar Island Supporters, Inc.
“We thought the court got it wrong on some facts,” he added. “But ultimately, they’re the judges, not us.”
According to Helfgott, the group is planning a gathering of members and supporters to discuss the court’s decision. While they have no plans for moving forward as of yet, Helfgott said that the group wants to keep all their options open.
While the lawsuit may be over, many Harpswell residents will continue to fight for permanent access to the beach.
nstrout@timesrecord.com
Atkins access
• BETSY ATKINS, the current property owner, has indicated that she will continue allowing access to Cedar Beach despite the court’s ruling. However, she could close off her property to foot traffic at any time.
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