Maine Intertidal Land Litigation (MILL)
Free Moody Beach is working with Our Maine Beaches (www.ourbeaches.me) to win the MILL lawsuit currently making its way through the Maine courts and overturn the Bell decisions which prevent all of us from using the beach. Three of the plaintiffs own property in Moody and are members of Free Moody Beach.
Maine Intertidal Land Litigation (MILL)
In 2021 a complaint was filed in Maine Superior Court (Masucci et al v Judy’s Moody, LLC et al), which seeks to overturn the Bell and Ross decisions (the latter regards the seaweed industry in Maine) and grant ownership of intertidal land in Maine to the state. For Maine beaches, this means that other than the soft sand, the public would be able to enjoy Moody Beach once again. The complaint was filed on behalf of those who use the beach recreationally and those whose livelihoods depend on intertidal access (seaweed harvesters, aquaculture workers, worm diggers, etc.) Three of the plaintiffs in the case own property at Moody Beach and represent both in-state and out-of-state people who have been denied use of the beach since the 1989 Bell decision. All plaintiffs provided testimony in 2022 about the current situation at Moody Beach.
The case is currently in Maine Superior Court, with Count IV surviving. This count seeks to expand the terms “fishing, fowling, and navigation” to include current ways people use the beach, including recreation. The count stands in front of Judge John O’Neil, and a decision is expected in the spring. Whichever way the count is decided, will almost certainly be appealed, which would allow all counts to be brought before the Maine Supreme Court.
Read the lawsuit here:
The defendants in this case have deep pockets, while MILL is funded purely by donations. You’re encouraged to donate in any amount and can do so by visiting the Donate page on this site or by clicking this link:
For more information on MILL, visit:
For an in-depth look at the legal history, see Maine Beaches are Public Property: The Bell Cases must be Reexamined by Orlando E. Delogu, Tower Publishing, 2017.