Robert F. Almeder v. Town of Kennebunkport
2014 WL 418052
Me.2014Background
- Goose Rocks Beach (two-mile beach in Kennebunkport) is abutted by 110 parcels owned by 95 owners; the Town and public have multiple access points and parking.
- Beachfront Owners sued to quiet title and to declare their upland ownership down to mean low-water, subject to colonial exceptions; Town and Backlot Owners counterclaimed for public easements; State intervened only to defend public trust rights in the intertidal zone.
- The trial court bifurcated the case: it tried use-related claims first (prescriptive easement, easement by custom, and public trust issues for the intertidal zone) and reserved title claims for later.
- After a two-week trial the Superior Court found long-standing public recreational use, Town facilitation of public access, and awarded (1) a public prescriptive easement and easement by custom over wet and dry sand for general recreational uses and (2) public trust rights to cross the intertidal zone for certain "ocean-based" activities.
- On appeal the Supreme Judicial Court vacated (a) the intervention of the Backlot Owners, (b) the grants of prescriptive easement and easement by custom, and (c) the trial court’s adjudication of public trust scope for the intertidal zone as premature; remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Finality under M.R. Civ. P. 54(b) | Beachfront Owners urged the judgment was not final and premature | Town sought immediate review of use claims | Entry of final judgment was not an abuse of discretion; appellate review permitted |
| Backlot Owners’ intervention (Rule 24) | Backlot Owners claimed special interests from proximity, access, rentals, taxes | Beachfront Owners argued no distinct interest beyond general public; Town represented public rights | Intervention was improperly granted; Backlot Owners lacked Rule 24 standing; permission to intervene vacated |
| Public prescriptive easement over entire beach | Town/Backlot: long history of public use, Town facilitation, and acquiescence established prescription | Beachfront Owners: public recreational use presumed permissive; adversity not shown | Vacated: prescriptive easement cannot stand because court failed to apply presumption of permission for public recreational use and Town did not rebut it; also insufficient parcel-specific proof |
| Easement by custom | Town/Backlots relied on longstanding local usage to create customary right | Beachfront Owners denied custom; argued doctrine is not viable in Maine | Vacated: Maine has never recognized easement by custom as a viable theory; court’s award reversed |
| Public trust rights in intertidal zone (scope) | State argued broad ocean-based and recreational rights in intertidal zone | Beachfront Owners argued adjudication premature and limited scope appropriate | Vacated as premature: trial court ruled on public trust scope without substantive adjudication in the declaratory-title phase and the State had not litigated a declaratory claim; presumption of permission also applies |
Key Cases Cited
- Marquis v. Town of Kennebunk, 36 A.3d 861 (Me. 2011) (factors for entry of final judgment under Rule 54(b))
- Lyons v. Baptist Sch. of Christian Training, 804 A.2d 364 (Me. 2002) (presumption that public recreational use is permissive; burden to rebut when asserting public prescriptive easement)
- Androkites v. White, 10 A.3d 677 (Me. 2010) (elements and burden for prescriptive easement)
- Eaton v. Town of Wells, 760 A.2d 232 (Me. 2000) (public prescriptive easement issues involving a beach; discussed in relation to presumption of permission)
- Bell v. Town of Wells, 557 A.2d 168 (Me. 1989) (statement of the public trust doctrine regarding intertidal lands)