McGarvey v. Whittredge

Concurring: SAUFLEY, C.J., and MEAD and JABAR, JJ.

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 *623several 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 answer that question in the affirmative. Three justices arrive at this result…