ILOVE2SKI;c-62550 wrote Although there are ski lifts, they are about 20 years old and there's a deed covenant that prohibits use for a period of time as a downhill ski course open to the public, Muroff said.
That prohibition came about after the owners of Jiminy Peak bought Brodie Mountain. Years later they sold to Holiday Inn Club Vacations/Silverleaf Resort as part of its purchase of a dozen ski resorts.
Holiday Inn Club Vacations had no plans to redevelop Brodie, Muroff said.
The deed restriction limited the marketability of the real estate when it was initially listed two years ago for $2.7 million. The price was then lowered to $1.9 million.
So messed up for them to have done that. Can it be opened as a ski area now or does the deed restriction still stand?
Semi obscure, deed restriction clauses added decades ago by parties that from a business entity standpoint may no longer exist, often don't hold up well if someone chooses to ignore them and some other party goes through the often arduous and costly (from an attorney fees standpoint) to challenge things.
Heck, the development I live in CT, which was built 45yrs ago or so, had a deed restriction that said that the exterior color of the house could only be "traditional New England colors (Dark Red, Dark Blue/gray, White, Tan) and the siding had to be wood..
Well that developer is long since gone, and the majority of the 40 or so houses in my development are no longer sided with wood nor sporting a "traditional New England color" and nobody has faced and legal issues even though there are a few complete crumudgeons who are about the same vintage as a Wooly Mammoth, who have basically controlled my towns Planning and Zoning Committee for over a quarter century who don't balk at filing a suit against something they don't care for, even if it gets thrown out in the legal system.
Guessing if the owner wants to try it as a ski resort again, and it's properly zoned for that, it can happen. If zoning needs to be changed, then it might be about can the owners get the New Ashford P&Z board to approve the change