Property owners appeal decision in beach access case

By Juliette Laaka | Aug 26, 2014

Owls Head — Property owners on Coopers Beach Road have appealed a July 30 decision by a Superior Court judge that ruled the plaintiff's neighbors have a right to travel across a portion of their driveway and use of the beach for boating and bathing.

Justice Jeffrey Hjelm ruled July 30 in favor of the town of Owls Head and a neighbor of the plaintiffs, agreeing the parties have a right of way to a beach property that a New York couple sought to restrict access to.

Darlene and Lewis Edwards, of Saugerties, N.Y., and Cooper's Beach Road in Owls Head, claimed the town and their neighbors did not have an easement over their property to access the beach, although the municipality countered that it did, by virtue of public and private prescriptive easement rights.

Less than a month after the decision, the Edwardses appealed the order, which included the plaintiff's cover the legal costs of the town and the defendants, a figure of nearly $9,000. The statement of issues to be presented on appeal include whether the court erred when it decided that a portion of the driveway was intended to be used by neighbors by a former owner of the property, and if the neighbors truly have an easement to use the beach.

The Edwardses first filed the lawsuit in 2011 to overturn a decision by town selectmen that there is a public easement over what the couple says is their property. The trial was scheduled in December 2013.

The Edwardses' attorney, David Soley of Portland said in July his clients moved to Maine for peace and seclusion, and that the deed to the house did not warn of such activity. He said his client never forbade anybody from walking across a potion of their driveway, but that she preferred if people would ask her permission, as she was concerned about parties, trash, and unleashed dogs.

Although his clients are disappointed with the ruling, Soley said there were points that were favorable to them, including neither the neighbor or town has prescriptive rights to the property due to past use. The town was not seeking beach access rights, Soley said.

Soley said his clients are not just summer residents, and said they are planning to move to Maine full-time.

The complaint was against the town of Owls Head as well as Darlene and Lewis Edwardses' neighbors Cynthia S. Blackman, Nathalie M. Scott, Willis A. Scott Jr., Eliot A. Scott, and Constance M. Scott, citing some neighbors would "spitefully drive and/or walk over and across the driveway, grass, and property of Mr. and Mrs. Edwards. They are not going anywhere — but are just seeking to harass the Edwards."

In 1986, the town voted to accept the dedication of a public easement over Cooper's Beach Road so that the road could be plowed and sanded during the winter.  The man who owned the Edwardses' property at the time, John McLoon, signed the petition in support of the easement, as well as abutters of the property.

The town contended the Edwardses are time-barred from challenging the 28-year-old decision.

Justice Jeffrey Hjelm wrote in his decision that the Cooper's Beach Road neighborhood is regarded as a colony, and for good reason. He said the congenial relationship the  neighbors shared implied permission to use the beach and cross over properties to visit each other.

Courier Publications' reporter Juliette Laaka can be reached at 594-4401 ext. 118 or via email at jlaaka@courierpublicationsllc.com

Comments (2)
Posted by: Valerie Wass | Aug 27, 2014 20:22

Unfortunately, some, not all, out of stater's are snobby and think that they own a whole road.  I am stating some.  Had a neighbor who was like that.  From New Jersey, I believe.  Didn't like three of the houses.  Two on each side of her and the other one across the street.  Why, pray tell did she buy the house.  She called the code enforcement officer on the "triangle from hell" as she called it.  She only is here during the summer and rents her house out in the fall and winter months.  Just really irritates the crap out of me when people can be so selfish and mean.  Just sayin'...



Posted by: Richard McKusic, Sr. | Aug 26, 2014 21:53

Spent Summers growing up in the cottage next to them; which has long since been torn down. Had much fun climbing over the rock ledges that are now part of the contested right of way. Sad that these folks can't be as welcoming as the McLoons were way back when. 

Judge Hjelm was absolutely right when he wrote: " the Cooper's Beach Road neighborhood is regarded as a colony, and for good reason. He said the congenial relationship the neighbors shared implied permission to use the beach and cross over properties to visit each other."
Hope they either drop the suit and coexist peaceably. Think they will get to like the people; some of the families have been there since I sas a boy.



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Juliette Laaka
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Juliette primarily covers the cops and courts beat for The Courier-Gazette.

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