Wolfeboro, N.H. Airport Case Sent Back to Lower Court

CONCORD, N.H. (AP) -- The state Supreme Court said Tuesday a lower court must determine whether a pair of developers can sue the state for allegedly undermining their attempt to buy property that includes the Lakes Region Airpark in Wolfeboro.

Donald and Robert Hughes had a purchase-and-sale agreement to buy the private airport and seaplane base, subdivide the property and put up a housing development on part of it.

The state has been fighting the sale the late 1990s, arguing the Hughes' proposed housing development would infringe on the airport's space. Among other things, the state tried to get someone else to buy it, subdivide it, turn over the airport and seaplane facilities to the state, then develop the remaining property on Lake Winnipesaukee, according to court records.

The Hughes alleged the state acted unconstitutionally and violated contract law when it interfered with the purchase-and-sale agreement, and thus should be liable to being sued. A lower court disagreed and ruled in the state's favor, effectively dismissing the suit.

The high court rejected the Hughes' constitutional arguments, but returned part of the case to Carroll County Superior Court to resolve factual questions about the contractual interference claim and state immunity from a lawsuit.