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McGARVEY v. WHITTREDGE

Docket: Was-10-83.

28 A.3d 620 (2011)

2011 ME 97

William A. McGARVEY Jr. et al. v. Steven R. WHITTREDGE et al.

Supreme Judicial Court of Maine.

Decided: August 25, 2011.

Attorney(s) appearing for the Case

John P. Foster, Esq. (orally), Kathleen A. Mishkin, Esq. , Eastport, ME, for William A. McGarvey, Jr. and Mary Jo Kleintop.

Dennis L. Mahar, Esq. (orally), Teresa E. Stepan, Esq. , Fletcher & Mahar, P.A., Calais, ME, for Steven R. Whittredge and Jonathan Bird.

Adam Steinman, Esq. (orally), Neal Weinstein, Esq. , Portland, ME, for amicus curiae Surfrider Foundation.

Janet T. Mills , Attorney General, Paul Stem , Dep. Atty. Den., Office of Attorney General, Augusta, ME, for amicus curiae State of Maine.

Sidney St. F. Thaxter, Esq. , David P. Silk, Esq. , Susan E. Schorr, Esq. , Curtis Taxter Stevens Broder & Micoleau LLC, Portland, ME, for amicus curiae Sidney St. F. Thaxter.

Orlando E. Delogu, Esq. , University of Maine School of Law, Portland, ME, for amicus curiae Orlando E. Delogu.

Concurring: ALEXANDER, LEVY, and GORMAN, JJ.

SAUFLEY, C.J., with whom MEAD and JABAR, JJ., join.

[¶ 1] This case requires us to revisit a question that we have addressed several times in recent decades: how may the public use intertidal lands on the Maine coast? Specifically, we are asked to determine whether, as a matter of Maine common law, the public has the right to walk across intertidal lands to reach the ocean for purposes of scuba diving. All six justices...

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