Black Mountain And The Town Of Jackson Reach Settlement,

A bitter, months-long standoff that threatened to derail the comeback of New Hampshire’s oldest ski area has ended.

Black Mountain and the Town of Jackson reached a comprehensive settlement late last month, bringing a sudden halt to a series of legal battles that included federal civil rights lawsuits, disputes over liquor licenses, and late-night police interventions.

The agreement, unanimously approved by the town’s Select Board in a 3-0 vote, secures the immediate future of the historic ski area. Under the terms of the deal, Black Mountain General Manager Erik Mogensen agreed to drop both a federal civil rights lawsuit and a state Right-to-Know lawsuit against the town. In exchange, the town has ceased its efforts to strip the liquor license from the resort's popular mid-mountain Alpine Cabin.

Key terms of the agreement include:

• Snowmaking Rights: The town formally acknowledges Black Mountain’s snowmaking operations as a "pre-existing nonconforming use," protecting it from future noise ordinance challenges. Noise levels will now be measured from the property line rather than the source.
• Alpine Cabin: The town will support state permitting for the Alpine Cabin. In return, Black Mountain has agreed to construct two restrooms at the cabin before the next ski season to address town sanitation concerns.
• Chain of Command: In a significant procedural shift, the town’s building inspector—not Police Chief Chris Perley—will now serve as the mountain’s primary point of contact for operational issues.
• Fireworks: The resort is guaranteed permits for two fireworks displays per year, including a show on New Year’s Eve.

The resolution comes at a critical moment for Black Mountain. After nearly closing permanently in 2023, the resort was purchased by Entabeni Systems and the Indy Pass, with plans to transition into a community-owned cooperative.

In a statement Black Mountain General Manager Erik Mogensen said:

"There have been an incredible number of challenges we have had to overcome to bring Black Mountain back. Snowmaking, lifts, buildings, infrastructure, marketing, insurance, hiring, and buying the mountain in the first place, but the hardest challenge in this remarkable comeback story has been the tension that we have had with the town of Jackson. I want to be clear, 99% of the people and businesses in town have been nothing but extremely helpful and welcoming. Black Mountain is not only the largest single employer and destination in the Town, but a huge piece of Jackson’s world-class winter recreation identity.

"The week before Thanksgiving, the Jackson Police showed up in the middle of the night and attempted to shut down Black Mountain’s snowmaking system over an “anonymous” noise complaint. Black Mountain has been making snow since 1957, predating any zoning or ordinances. I refused to shut down the system. Jackson, New Hampshire, is a beautiful small town, and I fully admit that there has been an incredible amount of change at the mountain in a very short period of time. However, Black Mountain was clearly unsustainable and needed immediate, meaningful changes. If we want a different and better result, then we must take a different and better action, including finding a collaborative way forward with the Town.

"We now have a full settlement and agreement with the town of Jackson that addresses all pending concerns. The Town agrees that our snowmaking operations are legal and a preexisting nonconforming use.

"The Town will fully cooperate and provide its approval to various state agencies for permitting the Alpine Cabin, including the liquor commission. This requirement also extends to our new F&B locations, specifically the Sugar Shack, Bull-Wheel Bar, Waffle Cabin, and our expanded service on the main lodge deck. Black Mountain will now work directly with a new contact at the police department, Lieutenant Mike Mosher. My OHRV ticket will be dismissed. Noise will be measured from the property line, not the source. We will be guaranteed two fireworks permits per year.

"Black Mountain will drop both the Federal and State lawsuits. We have a system in place to collaboratively manage the mountain’s growth with the town, improving parking, restrooms, and communication.

"Do not underestimate the importance of this settlement agreement for the Mountain and the Town. Two opposing sides came together and fought to protect the sport and culture of skiing that Black Mountain now represents locally and beyond.

"Tomorrow, we will celebrate that sport and culture. While we did not plan to operate until later in the week, we are firing up the lifts from 10 AM - 4 PM on Tuesday, December 2nd, for a powder day celebration. We are expecting significant snowfall. Being open matters, especially on powder days.

"We will have free skiing for all Jackson residents to say thank you for making Black Mountain what it is. If you are a season passholder at another mountain that is not operating tomorrow, you are also welcome to join us for free skiing and see this special place first-hand. Anyone taking advantage of free skiing must register online prior to arrival. For everyone else, tickets will be $25. The base lodge will be a vibrant scene with food and drink specials all day. Live music starts at 1 PM. This is a big win. Thanks for being here."

The conflict, which had been simmering since the resort changed ownership in late 2024, boiled over earlier this fall. Tensions peaked when town officials moved to revoke permission for alcohol sales at the Alpine Cabin—a move Mogensen’s legal team characterized as the "nuclear option" intended to cripple the business financially.

The situation deteriorated further the week before Thanksgiving, when Jackson police arrived at the resort at 2 a.m. following an anonymous noise complaint, attempting to shut down the mountain's snowmaking operations. Mogensen refused the order, asserting that snowmaking was a pre-existing right for the 90-year-old ski area.

"I want to be clear, 99% of the people and businesses in town have been nothing but extremely helpful," Mogensen stated, while noting the friction was largely institutional.

Terms of the Peace Treaty - the settlement establishes a new framework for coexistence between the resort and the municipality, effectively bypassing previous points of friction.

Despite the administrative turbulence, the mountain has seen a resurgence on the slopes. Thanks to $7.5 million in capital improvements and aggressive snowmaking efforts, Black Mountain opened on November 15—the earliest opening date in its 91-year history, beating out larger neighboring resorts.

To celebrate the truce, the resort offered free skiing to all Jackson residents the day following the settlement.

"We have a system in place to collaboratively manage the mountain's growth with the town," Mogensen said. "The transactions are closed, and the mountain will open."