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N.H. Supreme Court denies Martin's appeal of Balsams' lawsuit dismissal

January 23, 2013
CONCORD — All five members of the N. H. Supreme Court signed the order on Monday, Jan. 14, that "summarily affirmed" the decision made in November by Judge Richard McNamara of the Merrimack County Superior Court to dismiss a lawsuit filed by Andy Martin in which he sought to nullify the sale of The Balsams Grand Hotel in Dixville. The Court's decision made Martin's appeal moot.

Phil Waystack, who represented the Coös County Planning Board for the Unincorporated Places that was one of several defendants in the Martin lawsuit, explained in an e-mail exchange that the Jan. 14th Supreme Court ruling "summarily affirming" the order of the trial court has thrown out Mr. Martin's appeal.

Its action, Waystack continued, indicates that the Supreme Court agrees with Judge McNamara's ruling. As a result, the defendants' motion to dismiss is moot, meaning that the Supreme Court has agreed with the trial court and did not even have to consider the defendants' motion to dismiss.

Judge McNamara had dismissed Martin's lawsuit in Nov. 2012. Martin filed a petition asking that the Tillotson Corporation's 2011 $2.4 million sale of The Balsams Grand Hotel and Resort to Balsams View LLC, including 7,000-plus acres plus a number of historic buildings, be nullified, that a receiver be appointed to reopen and operate the resort, that the trustees and employees who had participated in the sale be removed, and that all the property that was sold at the May 2012 action be returned.

Balsams' View spokesman Scott Tranchemontagne said that owners Dan Dagesse and Dan Hebert are, of course, pleased with the ruling. He anticipates that in the coming weeks the two investors will be able to discuss the specifics of financing and renovations at the world-famous hotel.

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