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An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu
An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu
Maine Law Review
This paper has its roots in the finality of what have come to be called the Moody Beach decisions. In the last of these two cases, Maine's Supreme Judicial Court, sitting as the Law Court, held that the public's right to use the intertidal zone was limited to those uses and activities spelled out in the Colonial Ordinance of 16411647: “We agree with the Superior Court's declaration of the state of the legal title to Moody Beach. Long and firmly established rules of property law dictate that the plaintiff oceanfront owners at Moody Beach hold title in fee to the …
Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter
Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter
Maine Law Review
In 1989, the Maine Law Court issued a landmark decision regarding the ownership of the land between the mean high-water mark and the mean low-water mark (the intertidal zone) in a case entitled Bell v. Town of Wells.1 This decision was controlled, in part, by the 1986 decision in the same case. Bell I was decided following an appeal by the plaintiff-landowners from the lower court decision dismissing Counts I and II of their Complaint as “barred by sovereign immunity.” The lower court found that “the State has an interest in Moody Beach and in that sense it has title,” …