Siwinski v. Town of Ogden Dunes

I agree that the trial court’s grant of summary judgment should be affirmed. However, I do so for reasons slightly different from those of the majority.

Throughout this litigation the focus of Ogden Dunes’ contention was that the Si-winskis were renting their property for less than thirty days and that this was in derogation of the ordinance governing the Residential District in which their property was located. Ogden Dunes’ complaint focused on this contention, see App. at 34, as did its motion for summary judgment, see App. at 85. Indeed the heading on the discussion section of the trial…