Almeder v. Town of KennebunkportAnnotate this Case
In this dispute between Beachfront Owners and the Town of Kennebunkport over who held title to disputed portions of Goose Rocks Beach the Supreme Judicial Court affirmed the holding of the trial court that, under the circumstances of this case, legal title to the property was held by the Town for the benefit of the public.
The Beachfront Owners sued the Town seeking a declaratory judgment that each of their parcels includes land to the mean low water mark - subject to public rights to fish, fowl, and navigate in the intertidal zone. The Beachfront Owners also sought to quiet title to their alleged breach property. In response, the Town asserted its title to the beach and the dry sand above it and that it and the public had the right to use those areas. The superior court determined that the Town held title - derived from the original Town proprietors' ownership of common land - to the dry sand and beach in front of the majority of the properties in dispute. The Supreme Judicial Court affirmed, holding that title to the disputed land seaward of the seawall, including the beach, was held by the Town for the benefit of the public.