By Nathan Duke
Staff Writer

A group of 208 homeowners has filed a lawsuit to purchase two manufactured housing parks from its owners, alleging the owners violated an agreement to sell the parks to them.

The Medvil Cooperative Association, which represents residents of Medford Farms and the Village of Glen Falls, filed a lawsuit with Hillsborough County Superior Court. The suit is part of an ongoing effort to purchase the parks from J'm. Kilmartin & Sons, Inc. and Medford Farms Realty Trust.

Medvil members have alleged that the parks. owners have ignored contractual and statutory obligations that govern the sale of the parks.

Under New Hampshire law, manufactured housing park owners are required to allow an opportunity for park residents to purchase the parks before selling to a third party.

In January, the owners of the parks entered into an agreement to sell the parks to Hometown America LLC, which is the second- largest for-profit manufactured housing park operator in the United States.

Hometown America has properties in 20 states, according to a news release by Devine, Millimet & Branch, who are representing Medvil.

The agreement between the parks. owners and Hometown America stated that if Medvil matched Hometown's offer, then the park owners would be required to sell the parks to Medvil.

Over a period of five months, Medvil matched not only the first offer, but succeeding offers as well.

A hearing has been scheduled on the motion for preliminary injunction for Wednesday, Aug. 3, at 1:30 p.m., at Hillsborough County Superior Court.

Jimmie Purselley, chairman of Medvil's board of directors, said the hearing will be an opportunity for Medvil members to ask the court to make Medford Farms and Village of Glen Falls owners fulfill their contractual obligations.

"The Medvil board and our 208 members have worked long and hard to control our own destiny by buying the parks in a cooperative, not-for-profit venture," he said in a news release. "To realize that dream, Medvil is fully prepared to champion the rights of each of its members by asking the courts to make the park owners live up to the bargain they have made."

Medvil's attorney, Ovide Lamontagne, said Medvil members have a right to purchase the parks and made a David vs. Goliath comparison between the residents and Hometown America in a news release.

"This is about the ability of families of modest means to realize the American dream of home ownership and self determination," he said. "In many ways, this lawsuit brings into focus the cherished principle of local control versus control by a faceless out-of-state corporate giant."

Lamontagne said the original price tag for the two parks was $10.55 million and that the last price, after several increases, was $10.7 million.

He said the first time the park owners tried to sell the two parks, they did not provide notice to the tenants.

"I think they thought that Medvil would not be able to match the amount that Hometown America put on the table, but their money is just as green as (Hometown's)," he said.