Don't expect a decision anytime soon about the intertidial land controversy which the Maine Supreme Court heard today. Intertidal is the word used to describe the land between the low and high tide marks. Here's a Maine Public story by Kaitlyn Budion, at Maine Public: Moody Beach dispute reaches Maine Supreme Court. The justices will probably take forever because they have to first determine if Peter Masucci et al. (and others) have standing because according to the story he's "asking the court to overturn a 1989 decision which says that private land ownership extends to the low tide mark."
Apparently, the signs that were put up are offending people. Here's a story by AnneMarie Hilton, at the Morning Star, with photos of the signs. From Maine's highest court hears arguments for public access to intertidal land case:
If the court clarified that intertidal land is not an easement, but rather subject to the public trust doctrine — which preserves certain natural resources for public use — Parker said they could expand the definition of “fishing, fowling and navigation” without overturning the 1989 ruling.
That's how this issue could be resolved, according to a Maine assistant attorney general, Lauren Parker. The decision in 1989 was by the Maine Supreme Court. I don't know if the court has ever overturned one of their own decisions...that is admitted it made a mistake.
At schools throughout Maine this week the Maine Supreme Court justices are hearing the cases so students can watch. I wanted to attend the event, but couldn't; the public wasn't invited! Upon arriving, I was asked my name by a woman with a list. I wasn't on it, so I couldn't sit and watch. What? I didn't have any weapons on me. There seemed to be enough space on the bleachers, though I don't know how many students were going to be attending. Nobody seemed to know that. A man who must have been with the justices and the court said it was not their policy. "An email went out to parents and others," I was told at the main office where I went to ask what the situation was.
Funny thing is they want to show the students what the Maine Supreme Court justices do...but they're teaching students about a system which is failing! One of the most obvious failures is that justice is not swift; and that's one of the reasons our ancesters separated from Massachusetts 100 years ago! It was taking too long for people here to have their cases heard because of the distance from the court.
