Question
The Great Cove Boat Club had a wharf on the Piscataqua River in Maine. The Bureau of Public Lands, in its work for the preservation
The Great Cove Boat Club had a wharf on the Piscataqua River in Maine. The Bureau of Public Lands, in its work for the preservation of public waterways, entered into lease agreements with private parties so that they could create and operate wharves, floats, and moorings for public enjoyment. One such 30-yearlease resulted in the construction of public-access wharves that flooded the area of the Great Cove's wharf, cutting off access by the owners. Great Cove claimed, as a riparian, that its rights had been violated through the use of the water in such a fashion that its water access rights were destroyed. The Bureau of Public Lands claims that it has the right, as a state agency, to regulate land use and that leasing to parties are part of that regulation to which Great Cove is subject. Is the Bureau correct or have Great Cove's riparian rights been violated? Great Cove Boat Club v. Bureau of PublicLands,672A.2d91(Me.1996).]
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