GILFORD — The lawsuit brought against the Belknap County Delegation by the Gunstock Area Commission is now officially over.
The legal action was dismissed by Superior Court Judge James D. O’Neill III at the request of the GAC — the plaintiff in the case — on Monday. The suit was dismissed with prejudice, meaning it cannot be refiled. The commission voted to withdraw the suit last month.
Suit was filed in November when the GAC voted 3-2 to initiate the legal action in response to a movement to have the 18-member delegation consider removing three commissioners — Brian Gallagher, Gary Kiedaisch, and Rusty McLear — a plan that was ultimately withdrawn.
During the time the case was active O’Neill ruled in the delegation’s favor on three occasions. In November O’Neill denied the commission’s request for a restraining order against the delegation, and then in December rejected the commission’s request for a preliminary injunction against the delegation. In January he turned down the commission’s request that he reconsider his December ruling.
The delegation had sought to have the suit dismissed. A hearing on that motion was scheduled for mid-February, but was deferred in late January after Gallagher resigned and the delegation had yet to appoint his replacement.
On Feb. 22 Dr. David Strang was named to Gallagher’s seat and on March 1 Strang, along with Gunstock Commissioners Peter Ness and Jade Wood, voted to withdraw the suit. Ness and Wood had opposed initiating the suit in November.
It has been reported that the GAC accrued $100,000 in legal bills, although not all of that may be directly related to the suit. Months before filing the suit, the GAC hired a lawyer to look into matters related to Ness, whose ouster from the commission had been sought by a majority of the commissioners in October. The delegation, however, refused to remove him, and County Delegation Chair Mike Sylvia called the allegations of conflict of interest and insulting behavior toward resort employees contained in the attorney’s report defamatory. The attorney who prepared the report also represented the GAC in the suit.
The delegation’s legal bills which have been submitted to the Belknap County Commission total more than $36,000.
(1) comment
It seems like Gunstock is constantly having problems with personalities. Maybe they should park their egos on the other side of the door and stop playing fools.
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