PORTLAND, Maine (NEWS CENTER) - Some property owners at Goose Rocks Beach, who are suing the town of Kennebunkport, got their day in court.
29 property owners claim sections of the beach are private property and the town violated their rights by allowing public use of those areas.
Those owners claim their deeds show their property runs front the street in front of their homes to the low tide water line behind them.
"I've always understood the seaward boundary to be the sea", said Robert Scribner, one of the plaintiffs.
But town officials say those sections of the beach have always been open to the public for recreational uses and should remain that way.
"Whether there is a deed that says the property owners own it or not is not actually the point. The point is the public has been using it without any kind of interference for over 100-years", said Town Manager Larry Mead.
Monday night the town passed an ordinance that opens the beach to the public, but provides a sort of buffer zone 25-feet from the property owners homes out onto the beach. The town needs 50 property owners to sign on, so far 61 have, but they have until this Thursday to back out.
If the number holds up town officials say the new ordinance allowing public use will stand, no matter what the outcome of this trial.