NHSUPCO finds Sunapee was misled by DRED

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.


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