Almeder v. Town of Kennebunkport

“Two motions for reconsideration are pending before us regarding the public’s use of Goose Rocks Beach in the Town of Kennebunkport. The Town and the State of Maine have each moved for reconsideration of our decision in Almeder v. Town of Kennebunkport, 2014 ME 12, issued on February 4, 2014. The plaintiffs oppose the motions, and we held oral argument on the motions.

By this order, we DENY the State’s motion for reconsideration of our decision regarding the public trust doctrine, and we DENY in part and GRANT in part the Town’s motion seeking reconsideration of the public trust issue and a remand for the trial court to complete a parcel-by-parcel factual analysis of the Town’s public prescriptive easement claim. We simultaneously reissue the opinion as amended.”

ALMEDER 106A3D1099