HARPSWELL

The recent property sale of a Harpswell home owned by Betsy Atkins, the appellant to a ruling that allows public access to Cedar Beach, will have no affect on the outcome of the appeal, according to Cedar Beach/Cedar Island Supporters Inc. president Mike Helfgott.

“If she wants to sell her home, I hope she’s successful, but I believe it’s going to have zero impact, for better or for worse, on the case,” he said.

Both Atkins’ attorney Christian Chandler and CB/CISI’s attorney David Bertoni confirmed on Monday that the property sale would not affect the appeal.

On Thursday, Mike Baribeau of Century 21 Baribeau Agency verified that Atkins’ home, which sits on a 1.12-acre lot, is for sale for $1.53 million and has been on the market since Aug. 7.

The home is currently located at the end of Cedar Beach Road, which was granted public easement last fall.

Previous property owners Charles and Sally Abrahamson denied access to the historic beach frequented by Harpswell citizens and summer travelers by cutting off public access to the road.

CB/CISI was formed shortly after to challenge the ban and the organization filed a lawsuit against the Abrahamsons and Atkins, who purchased the property and the road from the Abrahamsons through her real estate company Gables, LLC last June.

Access to Cedar Beach Road was restored last September under the ruling of Superior Court Justice Nancy Mills, though Atkins is appealing the ruling to the Maine Supreme Judicial Court.

At town meeting in March, voters authorized the town to fund $110,000 to reimburse the organization for any legal expenses incurred after September 2014, especially in light of Atkins’ appeal.

“We have suggested that it is in the town’s interest that we make up to $110,000 available to move forward with this effort to keep the beaches open,” Harpswell Selectman Elinor Multer said in March.

Until the ruling, the beach could only be accessed by boat or by crossing other properties.

This summer, beach goers flocked to Cedar Beach by accessing the road for the first time since the ban.

“We’re not sure exactly what our next step is. When we realized she would be selling the house, we took steps to put a claim on the land records,” Helfgott said. “If there is a new owner of the house, through a title search they will discover that we have a claim on that beach and we think that it’s only fair they know before they plunk down a lot of money.”

Chandler said he was not aware of whether Atkins was planning on selling the road, but either way, Helfgott said accessing the beach would be dealt with through the appeal.

“Let’s say she sells the house and keeps the road, either way, the only issue of accessibility will have to deal with solely on how the appeal comes out,” Helfgott said.

According to Bertoni, the decision on the appeal will most likely be made by November, though it could be further delayed.

In the case the court rules in favor of Atkins, Bertoni said there could be a potential for a new trial in the future if public easement on the road is denied once more.

And although attempts of negotiation with Atkins have been made, Bertoni said that has not been very successful.

Efforts to reach Chandler for comment via email were unsuccessful.

“It’s fair to say we’re trying to work with Ms. Atkins to come up with a global resolution of this issue,” Bertoni said. “Right now, that particular half has gone cold. The ball is in their court.

“I would hope that there’s a common interest and rules that everyone can live with,” he added.

dkim@timesrecord.com

$1.53M

MIKE BARIBEAU of Century 21 Baribeau Agency verified that Betsy Atkins’ home, which sits on a 1.12-acre lot, is for sale for $1.53 million and has been on the market since Aug. 7.