Our last entry discussed the Goose Rocks appeal, and happily, has engendered a response from counsel for some of the parties, posted below. We encourage comments on any of our entries at any time, so please fire away if you have something to say!
I read with interest your recent post on the Maine Appeals blog concerning the Goose Rocks Beach case. In case you are interested, I’ve attached our (the property owners) Reply Brief, which contains a bit of discussion on judicial takings and Kennedy’s due process concerns. [Download Reply Brief] You can find the taking discussion on page 14-16 and 22-26. I’m not trying to convince you our position is right, I just thought you might be interested to see some of the written arguments before the Law Court on this issue. The Attorney General’s brief contains a very short argument on Takings but, for the most part, this was not something the AG wanted to spotlight for the Justices.
I’d be happy to forward you any of the Amicus or Appellee briefs as well if you are interested. The only other briefs that deal with the takings issue are the AG’s brief and our initial brief.
Keep up the good work with the blog. I find it quite helpful. I still have a printout of your post about Kermit Lipez’s bullet points for a good appellate brief and argument. In the last 7 months, I’ve written 11 Law Court briefs, so the timing of that post was perfect.