This will be interesting to watch as there are adverse implications to this lawsuit. In particular the use of spuds to "anchor" a barge which many of the island service businesses and waterfront construction companies use. This method of anchoring has been employed for many years and not exclusive to the Dive's operation.
One would think if this practice was detrimental to the lake in anyway that is significant this would have been addressed long ago.
While I can understand the abutters not liking what goes on in Braun Bay, this area has been a long time attraction for ALL boaters on the lake, not just day boaters or weekend warriors, but folks that own waterfront as well. This is not the first or last time complaints will occur that's for sure. Seems to me filing a lawsuit against the business is not intended to address the "congregation" issue, but rather to affect the business itself negatively. If the Dive is in fact causing a massive congregation of boats and as such infers the current laws are being broken this is an enforcement problem that needs to be addressed by the MP.
The business itself is not responsible for what it has no control over. Rafting, number of boats, boat spacing, crowds, noise from boats etc.... are not the responsibility of the Dive. They have neither the right nor authority to enforce any of this thus cannot be held liable or responsible for it IMHO. That would be no different than somebody suing the Harley dealership in Meredith for illegal behavior that occurs during motorcycle weekend.
Unfortunately in today's litigious society a person with deep enough pockets can stick it to another - in this case possibly put the Dive out of business just by forcing them to defend themselves against a bogus lawsuit. Judging by the size and scope of many of these private waterfront residences it seems that many have the wherewithal to possibly sue somebody into oblivion irrespective of the lawsuit's merit.
I am not particularly a fan of the Dive, however they have every right to operate their business so long as they are operating within the confines of the law to which they must adhere to.
As the lake is used more and more there will continue to be conflicts in the way people perceive it's use to be regulated. Those with the deepest pockets will likely get their way in the end. Sad but true.
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