Department of Forests, Parks & Recreation v. Town of Ludlow Zoning Board

¶ 1. For the third time, we consider property owner John Lysobey’s efforts to obtain year-round access to his property, which abuts a public road located on land leased by the Department of Forests, Parks and Recreation to Okemo Mountain, Inc. for use as a ski trail during the ski season. Following a jury verdict on remand from our second opinion in this case, Lysobey obtained a judgment in excess of $150,000, including interest and court costs, to compensate him for being deprived of year-round access to his property. We vacate the jury’s verdict and the superior court’s judgment based on…