Black Mountain vs. Town of Jackson: Legal Battle Escalates Over Alpine Cabin Liquor License

The ongoing dispute between the historic Black Mountain Ski Area and the Town of Jackson has reached federal court, with the ski area filing a lawsuit alleging the town unlawfully revoked its permission to serve alcohol at its mid-mountain Alpine Cabin.

The federal suit, filed in October 2025 by Alpine Resources Corp., which operates Black Mountain, claims the town's actions constitute civil rights violations and an unauthorized campaign to obstruct the ski area's legally protected right to sell alcohol under a valid New Hampshire Liquor Commission (NHLC) license.

At the Heart of the Disput is The Alpine Cabin

The central conflict revolves around the ski area's popular Alpine Cabin, where champagne, beer, and fondue are served to guests. In September 2025, the Jackson Select Board voted 2-0 to withdraw its approval for alcohol service at the mid-mountain location, although the base lodge liquor sales remain unaffected.

Town officials have cited public-safety and community complaints as the basis for their decision, including concerns over:

  • Lack of restroom facilities at the cabin.
  • Reports of public urination.
  • Lingering cannabis odor.
  • Noise and parking impacts.
  • An alleged incident involving an intoxicated patron/driver.

The Town of Jackson maintains it is working to ensure the ski area succeeds while adhering to the same rules and regulations as other businesses.

Black Mountain owner and general manager Erik Mogensen has vehemently denied the town's claims, calling the Select Board's action "unprecedented and unlawful." Mogensen stated he was "extremely disappointed" that the town would act to harm the ski area's "comeback story," noting it is the largest employer and a major destination in the area.

New Hampshire’s RSA Chapter 178 governs liquor licenses, including on-premises service. Section 178:21 allows establishments like ski lodges to serve alcohol by the glass or bottle, provided they meet state commission rules. Black Mountain argues its operations fall squarely within these provisions, while Jackson officials maintain that safety concerns justify stricter oversight.

The resort says "Black Mountain is thriving like never before, having just experienced a record-breaking season for attendance, revenue, and longevity. This success is the result of incredible dedication and teamwork from our community, employees, shareholders, passholders, and guests, all united by a shared belief that Black Mountain was worth saving. The project has not only revitalized the mountain but also brought significant economic benefit and joy to our town. Restoring historic lifts, expanding snowmaking capabilities, and rebuilding our team have required immense financial investment, human capitol, hard work, and a belief that skiing and riding can be different and better. Black Mountain belongs to everyone, and the overwhelming support from residents, businesses, and visitors has been truly inspiring.

 "However, instead of collaboration, we have faced persistent resistance from the town government. The town selectboard has attempted to revoke our ability to serve alcohol at the Alpine Cabin without due process or discussion. This unprecedented and unlawful action forced us to file a federal lawsuit to protect our business and the future of Black Mountain. Our goal remains to unite the community, not divide it, and to protect what we have all built together. We welcome open dialogue and constructive feedback and will continue to fight for fairness, progress, and the celebration of the skiing culture we cherish. Our team remains committed, optimistic, and determined to ensure that Black Mountain continues to thrive for generations to come."

This federal lawsuit comes on the heels of a separate victory for Black Mountain in Carroll County Superior Court. In that case, a judge sided with Black Mountain and ordered the Jackson Police Department to turn over documents related to alleged complaints stemming from the ski area's 90th-anniversary celebration in May. Black Mountain sought the records under the Right to Know Law, questioning the characterization of the event as disorderly and suggesting a lack of "meaningful" public complaints.

Criticising the police department one commentaror said "Jackson Police Chief Chris Perley claimed there were many complaints from neighbors (public drunkeness, noise, pot use, public urination, illegal parking) about Black Mountain's May 3, 2025, end of season ski party. Black Mtn asked to see the report. Perley and the Town of Jackson refused to release the report. Eventually, just prior to a judge forcing the release of the report, the Town of Jackson released the report. As suspected by Black Mtn, there were no complaints from anybody other than Jackson Police Chief Chris Perley."

In a key development, a federal judge has granted Black Mountain a preliminary injunction, which temporarily bars the Select Board from enforcing its revocation of the Alpine Cabin's alcohol service while the lawsuit moves forward. This order allows the ski area to continue operating the Alpine Cabin under its existing state liquor license, preserving a significant part of its winter operations.

The ski area, which transitioned to new ownership in late 2024 with plans for a future community-owned co-op structure, has emphasized its commitment to open dialogue but remains determined to fight what it views as an unlawful attempt to interfere with its business operations.

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