N.H. Supreme Court Sends Mt. Sunapee Resort's 6-Year Lease Dispute To Trial

Apr 30, 2013

New Hampshire’s highest court has ruled that a lawsuit brought against the state by operators of the Mount Sunapee Ski area can go to trial.

The company Sunapee Difference filed the suit in 2007 when then-Governor John Lynch refused to consider the resort’s plans to expand the ski area to facilitate development of slope-side condominiums.

The court ruled that it was within Lynch’s authority to do that. But it also found that the resort’s allegations of official misconduct and capricious dealing must be considered. One thing at issue is whether former DRED commissioner Robb Thomson knowingly delayed providing Sunapee with maps showing the true boundary of its lease.

Sunapee had planned to expand the ski area westward and spent $1.2 million acquiring land in Goshen.