Sunapee Ski Resort Fails in Motion for Reconsideration

Following on her dismissal of a lawsuit against Governor Lynch and the state of NH last month over expansion at Mount Sunapee, Judge Nicolosi of the Merrimack Superior Court denied on Friday the ski resort’s motion for reconsideration. In her denial released yesterday morning, Judge Nicolosi found “no ambiguity  in the Lease nor any language directly guaranteeing expansion, the Court finds that Sunapee has no right to expand….”

Tim and Diane Mueller of Sunapee Difference LLC operate the ski area Mount Sunapee Resort located within Mount Sunapee State Park. The resort developers sought to change the leasehold area and gain an additional 175 acres to facilitate private condo development on  the western side of the mountain. They took their expansion argument to court in order to force Governor Lynch to approve their proposal for Mount Sunapee. They said expansion was always contemplated, even before the lease was signed in 1998.

The Mueller’s controversial request was formally made public in the resort’s 2005-2009 five-year master development plan for the state-owned ski area. However, the state refused to approve that aspect of the plan.

The next master plan is due in a few weeks and will be completed by June 1, according to the resort’s General Manager Jay Gamble. At a Mount Sunapee Ski Area Advisory Committee meeting held in Newbury on Thursday, Gamble did not say whether the new master plan for the ski area will again seek an expansion of the leasehold area.

Yesterday’s denial ends consideration in the Merrimack court. The Muellers have 30 days to file for an appeal to the state Supreme Court.

Related articles:

NH judge denies motion in mount sunapee case (Boston.com)

Mount Sunapee asks judge for reconsideration (Eagle Times)

Judge sides with State in resort lawsuit (Concord Monitor)

Judge Dismisses Mt. Sunapee Lawsuit (SunapeeNews.com)

A copy of the court’s decisions can be found at Friends of Mount Sunapee.

One Response

  1. It seems as if the state has decided to hold the owners to their self-defined role of snow farmers, a term they first used at public Q and A “forums” when they arrived in town pitching the original lease. Thanks go to the State for protecting our public lands. This affirmed, for those of us whose families had private land taken under eminent domain in the 1960’s on the access road, that it was for the good of the state park and the people of New Hampshire after all.

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