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This past April, the Merrimack Superior Court dismissed the lawsuit filed by the operators of Okemo/Mount Sunapee Resort over its controversial proposal to expand the ski lease area. The case is now under appeal.
As FOMS reported in our March 2008 newsletter, threat of a lawsuit emerged publicly in 2005 after Governor John Lynch refused to bring forward and approve the Resort’s request for an additional 175 acres of parkland to facilitate cross-border expansion and private, condo development on adjoining land in Goshen.
In October 2007, the Resort filed its complaint against the State of New Hampshire in the Merrimack court that led to the dismissal.
In the decision, Judge Diane M. Nicolosi said the Resort had “no valid right to use the land outside the bound, and therefore no right has been taken. Without a valid property right, Sunapee (the Resort) cannot maintain a cause of action…”
In short, the operating lease and the contract to operate the ski area at Mount Sunapee State Park did not assure expansion as the Resort asserts
In June 2009, Okemo/MSR filed notice of appeal with the NH Superior Court and submitted a brief in August. The State’s response was due October 15th.
As many recall, strong opposition emerged over leasing the ski area at Mount Sunapee State Park. At public meetings and hearings leading up to the State’s decision in 1998, citizens expressed concern over the potential of real estate development and the use of public land for private gain.
In the dismissal, Judge Nicolosi acknowledged the controversy and found that the State attempted to lessen public opposition at the time by intentionally limiting the leasehold area to the existing ski area.
FOMS is monitoring the situation and will continue to provide updates on its website.
See Okemo Lawsuit for the decision and related documents and articles.
In 2005 Gov. John Lynch said, “…we must have a higher test for private use of our public lands, which are a treasure and a trust that belong to all of our citizens. As I have consistently said, my basic test for leasing state lands to a private business is that there must be compelling proof of a public benefit.” |
