CONCORD, N.H. – The past and present owners of the Balsams grand hotel plan to ask a judge Monday to throw out a lawsuit seeking to nullify its sale, arguing the plaintiff is not a New Hampshire resident and has no standing to sue.

Plaintiff Andy Martin wants a Merrimack Superior Court judge to appoint a receiver to reopen the historic hotel immediately. He has volunteered his services to be that receiver.

The Tillotson Corp. sold the hotel in December to local businessmen Dan Hebert and Dan Dagasse for $2.3 million. Other defendants in the lawsuit include the auctioneer who oversaw the sale of many of the hotel’s furnishings last spring. They are also asking that Martin be ordered to pay the defense attorneys’ fees and costs.

Martin has a history of suing that goes back decades. In the 1980s, he was ordered by a federal judge to stop filing lawsuits.

“Martin apparently intends to make The Balsams the subject of his next vexatious crusade,” wrote Attorney Ralph Holmes, who represents Tillotson.

This is the second lawsuit Martin has filed involving The Balsams. In both lawsuits, Martin lists as his address his own National Litigation Center and a post office box. He said he lives in Manchester but declined to give an address, saying the people he is dealing with have a lot at stake.

Advertisement

Martin’s only direct contact with the Balsams, according to his lawsuit, was a dining experience there during 2011, when he was protesting the proposed Northern Pass electrical transmission system.

The hotel is known as the place where local residents are the first to cast their votes for president at midnight on New Hampshire’s first-in-the-nation primary day and on Election Day.

In his lawsuit filed in May, Martin said that sale of the Balsams was “a massive scam of New Hampshire politics.” He claimed the new owners, whom he describes as “fraud artists,” were “tearing apart the facility” and letting it “self-destruct through negligence.”

In his most recent lawsuit, he describes himself as a “corruption fighter.”

“There’s a new sheriff in town, and this sheriff knows how to follow the bad guys,” Martin said last week. “I’m on a moral crusade.”

Scott Tranchemontagne, spokesman for Hebert and Dagasse, said the lawsuit is hampering their ability to get financing for the more than $20 million in renovations needed to reopen the 150-year-old hotel.

“Anything that creates uncertainty holds up lenders,” Tranchemontagne said. “What many people don’t understand is that the hotel is in terrible shape and had not been properly maintained for years.”

Hebert and Dagasse declined to be interviewed, he added.Plaintiff Andy Martin’s only direct contact with the Balsams, according to his lawsuit, was a dining experience there during 2011.

 


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.