Stevenson v. Town of Kennebunk

ALEXANDER, J.,

with whom CLIFFORD, J., joins, concurring.

[¶ 13] When a three-member municipal board is reduced to two members, and those members are in disagreement, the resulting tie vote is void and of no legal effect. Because the tie vote in the present case cannot result in a default denial of the relief requested, I concur in the result.

[¶ 14] I do not join the Court’s opinion because the Court’s holding that a small municipal board with one member missing cannot act for any purpose, is dictum that reaches beyond what must be addressed to resolve this case, and may confuse and disrupt the…