Somerset County, PA Dec. 3--The on-going battle over the fate of Seven Springs Mountain Resort took another step towards resolution when eight superior court judges heard a reargument on December 1, from both sides. At issue is whether two of the three parties (members of the Dupre family) that own the 5,000-acre resort can sell the area without first offering their shares to the third.
The dispute started with the agreement by Herman K. Dupre and LuitgardeDupre Sujansky to sell Seven Springs to Booth Creek Ski Holdings in August 1998 for $92.5 million (the deal has since fallen apart). Lynda M. Dupre Croker fought the proposed sale claiming that the sale violated an agreement all three families signed in 1969. Croker maintained that the other two parties must offer their shares to her first, for which she is willing to pay the Booth Creek price.
The other two families, however, have had the courts on their side withtwo court decisions that ruled that the agreement's right-of-first refusal clause is not applicable. This most recent court appearance this past Wednesday was a reargument of the most recent court ruling, but many think that it will take months before the eight judges render a decision. And, if the decision comes back with a four-to-four split decision, the case would then have to go to the state's Supreme Court.