ROCKLAND, Maine -- The owner of a Rockland apartment complex and the company that manages it have asked a state judge to dismiss a lawsuit filed by a 67-year-old tenant who claims his right to own a gun is being violated.
Park Place Associates of Rockland and Stanford Management LLC of Portland acknowledge in their motion to dismiss that they notified tenant Harvey Lembo he was in violation of house rules by having a gun on the premises and that they would initiate the eviction process if he did not comply.
In August, Lembo, who uses a wheelchair, shot and wounded a man he believed had broken into his apartment to steal his prescription medication.
Soon afterward, Lembo received a letter from the apartment management company explaining its policy against guns......
It might be argued by some that he was not under immediate threat of mortal injury. However, considering his quadraplegic condition and inability to move easily, it could equally be argued that he was potentially a 'sitting duck' had the thief in fact been armed. He was defending his property as well as self, and essentially simply excercizing his rights. His landlord obviously wishes his tenants to live in his imposed 'gun-free-zone'.
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