Board Counsel Walks Members Through Statutory Test, Flags Subsection 7 as Key
Board counsel reviewed 36 M.R.S. §652, explained the organizational and 'solely use' elements, and highlighted subsection 7 (post-1993 residential rental housing limits) as a potential but here inapplicable concern in Avesta's appeal.
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During deliberations, Attorney Hunter, counsel to the board, read the statutory baseline and the legal standards the board must apply, including organizational purpose, restrictions on officer compensation, devotion of profits to charitable aims, and the 'owned and occupied or used solely' requirement. Hunter cautioned that subsection 7 introduces a narrow bar for certain residential rental housing placed in service after Sept. 1, 1993 but said the parties appeared to agree that subsection 7 did not apply to the parcels at issue.
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