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Judge rules on some Popham Beach properties, but questions remain
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Judge rules on some Popham Beach properties, but questions remain

People walk at Popham Beach State Park in June. Derek Davis/Staff Photographer

Two longtime neighbors suing over access to their neighborhood beach in Phippsburg got answers about who is allowed on what property, but a judge couldn’t decide what to do with some of the disputed areas.

The Hill and Tappen families have been at odds for more than two years over who can access the sandy shore in front of their cottages in the Popham Beach Estates subdivision. In a two-day bench test at Lincoln County Superior Court in September, they pored over old maps, historic photos and land surveys.

Judge Thomas McKeon ruled Thursday that the beach’s intertidal zone — the area between high and low ocean tides — was open to all subdivision owners for recreational purposes. But he wouldn’t comment on other controversial areas, like the dry sand between Tappen and Hill cottages, separated by two empty lots.

If McKeon were to decide who owned that part of the beach, he would need input from the owners of the land between their cottages, according to the decision.

The Hill family had argued that the entire waterfront had has always been considered a common space. In addition to their seaside cottage, the family owns five other cottages that they rent out. The Tappens said they purchased the rights to the land between the two cottages and are concerned that tenants going to the beach will cause additional erosion.

The Hills’ attorney, Ben Ford, said in a telephone interview Thursday that it was a victory for the family and the neighborhood. But Glenn Israel, the Tappens’ attorney, said the ruling was disappointing because it didn’t address the main problem.

This story will be updated.