- Associated Press - Friday, July 11, 2014

CONCORD, N.H. (AP) - A state judge has ruled that the owners of the Mount Sunapee Resort should be allowed to access state land to build condominiums on a piece of adjacent private land.

The ruling released late Friday by Merrimack Superior Court Judge Larry Smukler said the state park land leased to Tim and Diane Mueller includes some 175 acres to the northern and western boundaries. Those acres are adjacent to private property the Muellers bought with the intention of building condos.

The state under Gov. John Lynch fought the planned development, arguing that the state shouldn’t relinquish its property to enhance the value of a private complex.

The case spent several years in court.

Assistant Attorney General Richard Head said the state is reviewing the decision and hasn’t decided yet whether to appeal.

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