Kids kicked off beach

Tempers flare as Moody Beach turf war continues

(Direct link to WMTW story HERE)

Kim Keithley, Reporter

WELLS, Maine — In 1989, a court ruling deemed Moody Beach in Wells a private beach. The court determined homeowners owned from their homes to the low-water mark. The ruling based on a 1647 colonial law argued the beach was to be used for "fishing, fowling and navigation." These days you will see a large number of private beach signs as beachfront homeowners have marked their territory, angering those who use the beach.

"I think it's silliness," said Annette Christensen, a Wells resident who uses the beach. "The beach is a free space."

This past Saturday was a particularly busy beach day. The tide was high and so were the tempers. Young boys were playing ball on the wrong side of the seaweed line separating the public beach from the private beach. A woman captured the confrontation on her cell phone. The video shows a woman approaching a group of boys.

"We're going to ask you one more time to get off of our front yard, if you don't we’re going to call the cops," said the woman in the video. The woman could also be heard saying, "Get off of our front yard, get off of our front yard, get off."

Carolyne Cafaro lives in Wells and was on the beach and witnessed the confrontation.

"Two kids were playing paddle ball. They were about seven. They were right on the other side, and she came over and told them – 'I've told you to get off of my beach. I'm going to call the police,'" Cafaro said.

Witnesses said the police came and went. The kids were gone when they arrived.

"Shouldn't everyone be allowed to play at the beach, go in the water and have a good time? This is Maine, the way life should be," Cafaro said.

"I don't know — do they pay taxes on the private beach? Do they pay all the way to the waterline for taxes," said Patti Secino, who owns a house in Wells.

Both sides have lawyers. Wells residents want the 1989 ruling overturned and want the beach returned to the public. The beachfront homeowners have their own lawyer, who told WMTW he had "no comment" when asked about the latest incident. Town officials have said no one pays taxes for the portion of the sand that gets wet.

"No one should have a fight at the beach. The beach is a perfect place to be," said Annette Christensen, a Wells resident.

Wells residents who live in town, but not on the beach, but still come here often said things are getting worse. There are more signs these days and tensions are higher. Any possible court case could be years away.