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September 16. 2012 9:59PM

Balsams owners will attempt to get lawsuit against sale thrown out today

CONCORD — Lawyers representing current and former owners of the Balsams Grand Hotel and Resort will go before a judge in Merrimack Superior Court today to request that a lawsuit looking to prevent its sale be thrown out.

The Tillotson Corp. sold the hotel to local businessmen Dan Hebert and Dan Dagasse in December for $2.3 million.

“Andy Martin is not a lawyer and has no legal standing to file this action, which is harming this project by needlessly delaying it,” said Scott Tranchemontagne, a principal in Montagne Communications and a spokesman for The Balsams, in a prior interview with the New Hampshire Union Leader.

Also included as part of the lawsuit is the auctioneer who oversaw the sale of many of the hotel’s furnishings last spring. In addition to requesting the lawsuit be thrown out, they are also asking that Martin be required to pay the defense attorneys’ fees and costs.

In a prior interview, Martin said he will appeal any decision to dismiss his suit.

Martin, a former presidential candidate, has previously stated that though a settlement is possible, he couldn’t conceive of a situation where the current owners — Hebert and Dagasse — retain control of the property.

Martin is no stranger to the world of lawsuits, and has a history of filing such actions that goes back decades. He was ordered by a federal judge during the 1980s to stop filing them.

Martin filed another lawsuit involving the Balsams in early 2011.

In court filings for both that suit and the current one, he uses the address for his National Litigation Center and a post office box as his home address, though when questioned by a Union Leader reporter he said he lives in Manchester, while declining to give an address.

The hotel is well-known in the world of politics as the location where residents are first to vote for president in the state’s first-in-the-nation primary and on election day, casting ballots at midnight.

According to court filings included in his latest lawsuit, Martin says the only time he visited the Balsams was when he stopped in to eat there in 2011, after taking part in a protest against the proposed Northern Pass electrical transmission system.

Martin said he later looked into booking a room, only to be told they were sold out, which he says shows the vitality and popularity of the facility.

In the lawsuit filed last May, Martin describes the sale of the Balsams as “a massive scam of New Hampshire politics,” claiming the new owners were “tearing apart the facility” while allowing it “self-destruct through negligence.”

pfeely@unionleader.com

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