For Immediate Release
October 29, 2010
Assistant Attorney General Daniel J. Licata
Attorney General Michael Delaney and Commissioner Thomas S. Burack of the New Hampshire Department of Environmental Services ("DES"), announce that the Strafford County Superior Court has approved a settlement between DES, Lake Winnipesaukee Resort, LLC ("LWR") and Peerless Golf, Inc. ("Peerless").
The settlement resolves the State's 2006 lawsuit against LWR and Peerless for violations of New Hampshire's water quality and wetlands protection laws. Specifically, the State alleged that Peerless's construction of a golf course for LWR, on its property in New Durham, New Hampshire, resulted in unlawful alterations of terrain and filling of wetlands. The State's lawsuit solely sought civil penalties because LWR and Peerless had remediated the environmental harm prior to its filing.
Under the terms of the settlement, LWR will pay the State a civil penalty of eighty thousand (80,000.00) dollars. The settlement also provides that the now defunct Peerless is liable to pay the State a civil penalty of one hundred and twenty-five (125,000.00) dollars, all of which is suspended on certain conditions, including that the company remains non-functional and without assets.
Attorney General Michael Delaney stated, "This office will continue to seek to deter the degradation of New Hampshire's waters and wetlands laws through enforcement actions, including the seeking of substantial civil penalties."
DES Commissioner Tom Burack said, "The agreement appropriately ensures that neither LWR nor Peerless benefit from their failure to fully comply with laws designed to protect the State's waters and wetlands."
Copies of the settlement agreement are available upon request.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301