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HERBERT v. PICO SKI AREA MANAGEMENT COMPANY

No. 2004-526, January Term, 2006

908 A.2d 180 (2006)

2006 VT 74

Harold and Edith Herbert v. Pico Ski Area Management Company and American Skiing Company, Inc. 2006 VT 74 Vermont Public Service Corporation, Intervenor)

Supreme Court of Vermont

August 4, 2006

Attorney(s) appearing for the Case

Mary P. Kehoe and Christina A. Jensen of Lisman, Webster, Kirkpatrick & Leckerling, P.C., Burlington, for Plaintiffs-Appellants.

Allan R. Keyes and James B. Anderson of Ryan, Smith & Carbine, Ltd., Rutland, for Intervenor-Appellee.

PRESENT: Skoglund and Burgess, JJ., and Pearson, Supr. J., Allen, C.J. (Ret.), Gibson, J. (Ret.), Specially Assigned

SKOGLUND, J.

¶ 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...

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