Sunapee argues that “[t]here is evidence that Commissioner Thomson knowingly delayed the production of a map and legal description until well after the lease was signed” by Sunapee. It notes that Thomson’s deposition testimony that a surveyed map could not have been produced and provided with the RFP because of “[t]he time involved and it’s rather difficult to get on the ground during the snow season” is contradicted by the testimony of Ronald Duddy, a surveyor/mapper with DRED, who produced the surveyed map and legal description. Duddy’s deposition testimony indicates that he did not receive the instruction to produce the map until the beginning of May 1998, after Sunapee signed the lease. When asked whether there was “any reason [he] couldn’t have done it in October as opposed to May,” Duddy responded, “No.” We conclude that Sunapee has raised a genuine issue of material fact requiring us to reverse the grant of summary judgment on this claim.CLICK TO VIEW THE SOURCE MATERIAL
To improve the chance of seeing your comment posted here or published in the New Hampshire Union Leader:
- Identify yourself. Accounts using fake or incomplete names are suspended regardless of the quality of posts.
- Say something new, stay on topic, keep it short.
- Links to outside URLs are discouraged, if used they should be on topic.
- Avoid comments in bad taste, write well, avoid using all capital letters
- Don't cite facts about individuals or businesses without providing a means to verify the claim
- If you see an objectionable comment please click the "Report Abuse" button and be sure to tell us why.
Note: Comments are the opinion of the respective poster and not of the publisher.
Be the first to comment.
Post a comment