Judge stands pat on decision against Gunstock Commissioners

GILFORD — A superior court judge has declined to reconsider an earlier decision not to issue an order barring the Belknap County Delegation from removing three members of the Gunstock Area Commission.

In a one-page order issued Monday, Judge James D. O’Neill III said the commission had failed to provide any clear indication that he had either overlooked or misunderstood any part of the law that applied to the case.

O’Neill declined to issue a preliminary injunction against the delegation on Dec. 30, 2021, concluding the Gunstock Commission had failed to show that its request met the necessary legal standards to empower the court to get involved in the matter.

The commission had sought to have O’Neill issue an order prohibiting the delegation from removing Gunstock Commissioners Brian Gallagher, Gary Kiedaisch, and Rusty McLear.

The delegation argued that court action was unwarranted because, among other factors, the delegation was no longer actively considering the removal of the three commissioners. While some thought had been given to the possibility of their removal in November, that idea was subsequently withdrawn.

The delegation has asked the court to dismiss the commissioner’s legal action. A hearing on that motion is scheduled for Feb. 16 in Belknap Superior Court.