Tupper Lake community priced out of bidding
By James M. Odato
This fall, Franklin County authorities intend to sell the landmark mountain best known as the Big Tupper downhill skiing center.
The 240 acres that include the mountain, a marina, a pond and a key right-of-way along Tupper Lake are set to be offered in a public auction, probably in November, said Frances Perry, county treasurer.
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With plans to sell to the highest bidder, the county is no longer planning to give the town or village of Tupper Lake first crack at getting the property. The local governments have wanted to acquire the mountain by covering unpaid taxes, almost $300,000.
The four parcels up for auction were once part of the proposed Adirondack Club and Resort, the biggest real estate development ever proposed in the Adirondacks.
Big Tupper could be a large sale
The option to allow the municipalities to gain the site of Big Tupper on Mount Morris at a discount is no longer in play because of a U.S. Supreme Court decision concerning the forfeiture of property.
The ruling held that after recovering taxes owed and related costs a county must provide excess funds to the original deed holder. In this case, the original deed was held by the developers who failed to pull off the biggest project ever permitted in the Adirondacks.
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The developers’ tax liability on the mountain alone is about $450,000, including penalties and interest, Perry said. She said the foreclosure sale will be the biggest she is aware of in county history.
Town of Tupper Lake Supervisor Rick Dattola said he was briefed by county officials about the fall foreclosure auction that would not allow the town to proceed with its plan to obtain the real estate.
“It was discouraging,” he said.
He said the town doesn’t have the funds to bid.
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“We’re hoping there is somebody who is going to buy it as a ski center and we’ll help him where we can,” he said. “We haven’t given up.”
A shift in plans for Tupper Lake community
Big Tupper, a one-time recreation destination and source of community pride, has been closed since 1999. It would need millions of dollars in upgrades, including snowmaking equipment, to return to service.
County Court Judge Craig Carriero ruled that the foreclosure could move forward, but the county has to abide by a U.S. Supreme Court decision that prohibits the kind of deal Tupper Lake officials had in mind. Perry said the county can proceed once 30 days have expired after stakeholders have been served notice of the order.
The notice was served on July 16 and a notice of appeal was entered on Aug. 13 by the biggest creditor of the development firms that battled lawsuits and won permits for the resort and residential community envisioned to surround Big Tupper.
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The Supreme Court ruling requires the county to auction foreclosed parcels to the highest bidders and place surpluses in escrow for the original landowner and for creditors to pursue.
“It took us by surprise,” said Stephen Acquario, executive director of the New York State Association of Counties. “It disrupted the entire state foreclosure system. Counties lost significant amounts of revenue.”
He said the requirement is the result of a high court ruling last year on a Minnesota case involving just compensation for the taking of property through foreclosure.
An adjoining 5,800 acres of land that was part of the Adirondack Club and Resort project is the subject of a separate set of complications. Investor Stanley H. Rumbough III is attempting to acquire that acreage to develop residences.
The land is tied up by lien holders who appealed a court ruling that would have freed it to be sold by the county through foreclosure.
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It would be really great if Big Tupper could be returnede to service and even better if it could be run by the town or countyor some not-for-profit entity, to provide employment and keep the ticket prices low for the benefit of local skiers as well as to compete with bigger ski area inclluding state-run Whiteface and Gore and attract tourism business to the community. As much as I would preferto not see the state get it and run it, that would be preferrable turning it into exclusive luxury vacation estates.
For 25 years environmentalists have tried to destroy Big Tupper. There was a plan to make the ski resort open again by selling land around the ski resort. All that has been accomplished by these foolish people is to break up Big Tupper and make it impossible to ever open again. Tupper Lake will slowly die.