BELL v. TOWN OF WELLS


557 A.2d 168 (1989)

Edward B. BELL, et al. v. TOWN OF WELLS, et al.

Supreme Judicial Court of Maine.

Decided March 30, 1989.


Attorney(s) appearing for the Case

Sidney St. F. Thaxter (orally), John D. Gleason, Sharon L. McHold, Lawrence C. Walden, Nancy C. Ziegler, Curtis, Thaxter, Stevens, Broder & Micoleau, Portland, George L. Haskins, Hancock, for plaintiffs.

Tybe Brett, Todd Burrows, Orlando Delogu, Alison Rieser, University of Maine School of Law and Marine Law Institute, Portland, amici curiae.

James E. Tierney, Atty. Gen, Paul Stern (orally), Asst. Atty. Gen., Thomas D. Warren, Deputy Atty. Gen., Philip F.W. Ahrens, III, Deputy Atty. Gen., Augusta, for State Bureau of Public Lands.

Michael T. Healy (orally), William C. Knowles, Verrill & Dana, Portland, for Town of Wells.

Harrison L. Richardson, Barri Lyn Bloom, Elizabeth G. Stouder, Richardson & Troubh, Portland, Richard Emmet, Everett B. Carson, N.R.C.M., Augusta, for Conservation Law Foundation and Natural Resources Council of Maine.

Ralph W. Austin, Jensen, Baird, Gardner & Henry, Kennebunk, guardian ad litem.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.


McKUSICK, Chief Justice.

In their quiet title action initiated in 1984 against the Town of Wells, the State Bureau of Public Lands, and various individuals,1 Edward B. Bell and other owners of land bounded by the sea at Moody Beach in Wells2 sought a judicial declaration and injunction limiting the use the public may make of the beach. After a four-week bench trial...

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