Michael Adams v. Town of Brunswick

[¶ 28] I respectfully dissent for two reasons. First, in my view, the majority relies too heavily on the financial arrangement between the Owners and the tenants, rather than focusing on the use of the premises. Second, I believe that the majority wrongly analyzes whether 17 Cleaveland constitutes a “two dwelling unit,” rather than a “Dwelling, Single/Two Family,” which is the operative language of the Brunswick Zoning Ordinance. See Brunswick, Me., Zoning Ordinance, ch. 2, § 202.1 (May 7,1997).

[¶ 29] By narrowly focusing on the terms of the lease agreement, the majority’s analysis elevates…