Herbert v. Pico Ski Area Management Co.

¶ 1. This case concerns the ultimate disposition of escrowed funds set aside at the closing on the sale of the Pico Mountain Ski Area. In its summary judgment ruling, the superior court awarded the escrowed funds to Central Vermont Public Service Corporation (CVPS), which was permitted to intervene in the case. On appeal, plaintiffs Harold and Edith Herbert contend that CVPS was not a third-party beneficiary of the disputed transaction and that they are entitled to the funds. We affirm the superior court’s judgment.

¶ 2. The Herberts operated Pico Mountain Ski Area under a series of successive…