Passage of a Resolve and/or a legislative enactment, that makes clear to Maine’s Supreme Judicial Court (the Law Court) that any/all state “sovereign immunity” defenses to littoral upland owner claims of title to intertidal lands are “waived”. The question of ownership of these lands is critically important—the courts must fully and finally resolve this question. Further, if the Law Court does not proceed to reexamine the Bell cases, the Legislature should (by a Resolve or an enactment) direct the Attorney General’s Office to commence legal proceedings to resolve the question of ownership/title to Maine’s intertidal lands utilizing all of the…
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Orlando Delogu joined the University of Maine School of Law in 1966 and served as a full-time member of the faculty for 40 years and as emeritus professor of law for 11 years. He helped found the Maine Civil Liberties Union and seved on the Board of Environmental Protection, the Portland City Council, and the Portland Planning Board.
