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The longtime ski area and the town of Jackson have agreed to work together.
Officials at Black Mountain in Jackson, N.H. offered free skiing to local residents on Tuesday after reaching a settlement with the town.
“This is a big win,” wrote Erik Mogensen, president and general manager of the 91-year-old ski area, on the mountain’s website on Monday.
The federal suit was filed in October, reported indepthnh.org.
Previously, Mogensen shared the following statement about the lawsuit, according to Unofficial Networks, which covers the ski industry: “[W]e have faced persistent resistance from the town government. The town selectboard has attempted to revoke our ability to serve alcohol at the Alpine Cabin without due process or discussion. This unprecedented and unlawful action forced us to file a federal lawsuit to protect our business and the future of Black Mountain.”
Mogensen said he is dropping a federal civil rights suit and a right-to-know suit and the town is dropping its attempt to remove a state liquor license at Alpine Cabin, according to indepthnh.org.
The mountain has reached “a full settlement and agreement with the town of Jackson that addresses all pending concerns,” Mogensen wrote.
The settlement comes after a police encounter a few weeks ago, according to Mogensen.
“The week before Thanksgiving, the Jackson Police showed up in the middle of the night and attempted to shut down Black Mountain’s snowmaking system over an ‘anonymous’ noise complaint,” Mogensen wrote. “Black Mountain has been making snow since 1957, predating any zoning or ordinances. I refused to shut down the system.”
Mogensen assured the public that a system is now in place for Black Mountain and the town to collaborate on issues such as parking, restrooms, and communication.
The town agrees that Black Mountain’s snowmaking operations are legal and noise will be measured from the property line and not the source, wrote Mogensen, and it will cooperate with state agencies for permitting at the mountain’s food and beverage venues and guarantee the mountain two fireworks permits per year. Black Mountain will also now work directly with a new contact at the police department.
Jason Dennis, the attorney for Jackson, N.H., did not immediately respond to Boston.com’s request for comment.
In an email to indepthnh.org, Dennis wrote “the parties have reached an agreement that will have the effect of bringing both the federal case and the 91-A case [New Hampshire’s right-to-know law] to a close. The Town worked hard to arrive at an agreement that addresses a variety of issues in a way that the Town very much hopes will provide for more open communication and cooperation between the two parties going forward.”
“Do not underestimate the importance of this settlement agreement for the Mountain and the Town,” Mogensen wrote. “Two opposing sides came together and fought to protect the sport and culture of skiing that Black Mountain now represents locally and beyond.”
This is the latest of Black Mountain’s challenges in recent years.
The Ficheras, previous owners since 1995, announced the historic ski area would close in 2023 due to staffing shortages and soaring costs. Then Indy Pass, stepped in shortly after with resources to keep the mountain open for another year. After that, the ski area was purchased last year by Mogensen with the goal of turning it into a community co-op. He is the director of Indy Pass and founder of Entabeni Systems, which brings tech solutions to independent ski areas.
During the mountain’s comeback, Mogensen says he has tackled issues such as infrastructure, snowmaking, ski lifts, marketing, insurance, and hiring staff.
“But the hardest challenge in this remarkable comeback story has been the tension that we have had with the town of Jackson,” he wrote. “I want to be clear, 99% of the people and businesses in town have been nothing but extremely helpful and welcoming. Black Mountain is not only the largest single employer and destination in the Town, but a huge piece of Jackson’s world-class winter recreation identity.”
As a thank you from Black Mountain, Jackson residents and season passholders at unopen mountains could ski free on Tuesday, while everyone else paid $25.
Black Mountain surprised skiers and riders on Nov. 15 by opening first in the state, its earliest opening in 91 years.
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