Grand Summit Hotel Condominium Unit Owners' Association v. L.B.O. Holding, Inc.. d/b/a Attitash Mountain ResortAnnotate this Case
Plaintiff, the Grand Summit Hotel Condominium Unit Owners’ Association (Association), filed claims against defendant, L.B.O. Holding, Inc. d/b/a Attitash Mountain Resort (Attitash), arising from Attitash’s alleged failure to maintain a cooling tower at the Grand Summit Hotel and Conference Center (Condominium). Attitash moved to dismiss the Association’s claims, arguing that they were barred by a provision, which required arbitration of certain disputes, in a management agreement (the Agreement) between the parties. The trial court denied Attitash’s motion to dismiss, ruling that the Association’s claims fall outside of the scope of the provision. The trial court subsequently approved this interlocutory appeal. Finding no reversible error in the trial court's judgment, the New Hampshire Supreme Court affirmed.