A dispute between two property owners at Popham Beach is heading to trial.
Richard and Sheila Tappen are suing their neighbor Clark Hill for trespassing. The Tappens filed the suit after buying a piece of land that abuts the Hill family property on the beach, and also claim that a pathway and deck is now on their property.
Superior Court Justice Thomas McKeon disagreed with the claim about the deck and pathway. But in a ruling issued last week, he said the dispute about whether the land purchased is public or private will go to trial.
Hill said if the Tappens prevail, the case will have broader implications for beach access.
“People are going to have the ability to start to say ‘Well, this is my sand, you can’t be here,’” Hill said. “And other people could go and buy more sand in front of more cottages and say none of you are welcome to come down here,” he says.
But an attorney representing the Tappens, Glenn Israel, disagreed.
“There’s no particular reason why this case should have any earth-shattering effect on the ownership or use of beaches in Maine in general,” Israel said.
A pretrial conference will be set for May.
This article appears through a media partnership with Maine Public.
