'They sued the wrong party:' Judge dismisses Strang case against Gunstock Commission

Superior Court Judge Elizabeth Leonard dismissed a lawsuit brought by former Gunstock Area Commissioner Dr. David Strang against the commission and its chair, ruling that Strang had sued the wrong body.

Leonard ruled after listening to arguments during a 30-minute hearing in Belknap Superior Court Wednesday from lawyers representing both sides.

Strang brought the case after the Belknap County Delegation appointed Denise Conroy to former Commissioner Gary Kiedasch's term. The GAC oversees the operation of the county-owned recreation facility. The delegation took the action Aug. 1 subsequent to Strang’s offer to resign from the GAC if the delegation appointed another commissioner which would provide the five-seat board with a quorum. Strang, however, said he had never formally tendered his resignation and so the court should order that he be reinstated to the GAC.

Strang “is seeking a relief that my clients cannot grant,” GAC attorney Timothy Tapply told the court, arguing that the county delegation, not the commission, has the sole authority to appoint or remove members from the GAC. “They sued the wrong party."

Strang’s attorney Richard Lehmann told the judge that since his client had not made a valid resignation, “We are asking you to say that he is still part of them, and so they are the appropriate party” to sue.

Initially Strang sued only current Chair Doug Lambert, but later added the entire GAC as a defendant.

Asked why Strang had not added the delegation, Lehmann said that to do so would have prolonged the legal process with the possibility that the case might not have been heard until after Strang’s term expires at the end of November.

“It would have been moot,” Lehmann said, adding, “I’m not saying that’s how it would have been decided, but we had to be prepared for that eventuality.”

Leonard said she found Strang’s case “fatally flawed.”

In making a ruling from the bench, Leonard dismissed the case, saying, “I cannot make a decision without the delegation being here.”

After briefly conferring after the ruling, Strang and his lawyer left the courtroom, with Lehmann saying, “We have no comment at this time. We’ll have a discussion and figure where to go from here.”

Lambert said he was pleased with the decision.

“I am happy with the outcome and I agree with the argument that this suit should not have been directed at the GAC,” he said.

The delegation had been subpoenaed to appear at Wednesday’s hearing. At the outset of the hearing, the delegation’s attorney Paul Fitzgerald told the judge that delegation vice chair state Rep. Timothy Lang was in court and was prepared to testify if needed. However, he was not called to the stand.

In addition to Lang, others watching the proceedings were County Administrator Debra Shackett, Gunstock Commissioner Jade Wood, Gunstock President Tom Day, Chief Financial Officer Catherine White and Robin Rowe, Gunstock’s director of resort services.

Editor's note: This story has been updated to reflect that Denise Conroy was appointed to fill former Commissioner Gary Kiedasch's term on the Gunstock Area Commission.