HARPSWELL

The future of public access to Cedar Beach via a private road is once again in jeopardy after the Maine Supreme Judicial Court vacated a lower court’s ruling allowing access.

A Superior Court judge had ruled in 2014 that the public could access the beach via Cedar Beach Road.

The higher court has remanded back to Superior Court.

The Friends of Cedar Beach/Cedar Island Supporters board, in an email to members, called it “terrible news.”

The board stated there is no appealing the decision, but that they have 14 days to decide whether to file for a motion to reconsider.

“We think that there is a basis for such filing, and will determine as soon as possible whether to do so once we have had a chance to review the decision,” the board wrote.

The court noted that complaints about public use of the road went back decades: “Starting in the 1960s, the use of the road by members of the public became a source of complaints by the owners of the road and some of the families who had deeded rights-of-way over the road because members of the public frequently littered on Cedar Beach Road and used the road to attend parties on the neighboring beaches.”

Charles and Sally Abrahamson acquired the property in 1998 and, a year later, posted notice of their intent to prevent the acquisition of a right-of-way on Cedar Beach Road, according to the court. However, for many years the Abrahamsons allowed public use of Cedar Point Road for beach access.

That ended on Labor Day 2011 when the Abramsons blocked the road.

Cedar Beach / Cedar Island Supporters Inc. was formed in response, and filed a lawsuit against the Abrahamsons and Betsy Atkins, who purchased the property from the couple in 2015 through her real estate company Gables, LLC.

In September 2014, access to the road was restored under the ruling of Superior Court Justice Nancy Mills, and the beach was again frequented by residents and travelers.

Prior to the Superior Court ruling, the only way to access the beach was by boat or by crossing other properties.

Announcing the Maine Supreme Court’s decision on its Facebook page, the Friends wrote that “The Board is reviewing the decision and considering its options.”

Online reaction to the post was swift.

“I am angered and saddened by this news,” wrote Kelly Barton in response to the post. “I have been going to this beach my whole life and have enjoyed bringing my son there this summer, such a disappointment!”

“So the right is given back to use the beach for what, less then a year and now it’s taken back?” stated Crystal Mason, who grew up in Brunswick and lives in Largo, Florida. “I grew up out there, my grandmother had a cabin she lived in every summer.”

Liza Watts wrote the decision was “heartbreaking,” adding: “my 3 year old son will not create any memories of a beach used by his great-great-grandparents, great grandmother, grandmother, aunts / uncles / cousins and his mom. Shame.”

Other posts expressed ire at both the courts and the property owners.

“Guess it’ll have to revert to the Island Court of Justice,” wrote Michael G. Dunlap, who, according to his page lives in Billerica, Massachusetts, but is from Orr’s Island. “Somebody film it, would ya? I likely won’t be able to be there to see it.”

Dunlap then wrote: “Of course — it IS a volunteer fire department, so it’s not always all that quick of a response — depends on time of day, weather, and whether or not the place burning has any value or endangers some place that does have value. Just sayin …”

The page’s administrator’s responded asking people to not use the page to promote malicious acts against others, stating, in part: “We are a community that has come together to promote the enjoyment of this precious resource — Cedar Beach. We do not promote or condone violence in any way. It is important specifically that we guard against any insinuation of things such as that the fire department would ever be selective in its response to calls for firefighting assistance.…”

jswinconeck@timesrecord.com