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Updated: 8/4/05
Goffstown

Tussle over housing parks heads to court

By Nathan Duke
Staff Writer

GOFFSTOWN – Representatives from manufactured housing parks Medford Farms and the Village of Glen Falls say they are hesitant to sell the parks to Medvil Cooperative Association for reasons of property upkeep.

Medvil, a group of 208 homeowners living in the housing parks, has filed a lawsuit with the Hillsborough County Superior Court in an effort to purchase the parks from J.M. Kilmartin & Sons, Inc. and Medford Farms Realty Trust.

The cooperative association members allege the owners have violated an agreement to sell the parks to them and are instead in talks to sell the properties to Hometown America LLC, the second-largest for-profit manufactured housing park operator in the United States.

Bob Loiselle, the general manager of the two housing parks, said the parks' owners are hesitant to sell the properties to Medvil because they are concerned about upkeep.

"(The parks) have been here since 1980, when the Kilmartins built them," he said. "Over the years, the place has been kept meticulous – I feel we have done a good job of keeping the place up. I would hate to see it fall in any way."

Loiselle said Medvil members have promised to keep the park in good shape through volunteer help, but owner Beverly Kilmartin fears they might not be up to the task.

"She wants to keep the place as it is today, and she fears whether volunteers could do it," said Loiselle. "All of us here are over 55 (years of age)."

Ovide Lamontagne, attorney for Medvil from Devine, Millimet & Branch, said the future condition of the park should not affect the sale.

"The issue of park maintenance is one to be decided by the tenants themselves once they obtain ownership – not the sellers," he said. "If (upkeep) were a legitimate condition, it would have been in the agreement to buy the park. I think it's disingenuous to raise this issue now."

Currently, the two parks have full-time employees to tend to the parks' needs.

Loiselle also said the replacement of necessary items at the park, such as an oil tank, could be costly. He said he does not think Medvil could afford to replace such items and may have to rely on loans.

He said the parks' owners prefer Hometown America because the company has a history of good upkeep at their parks.

"I think we should probably stick with what we know. (Hometown) is a conglomerate that owns these types of parks," he said. "We have visited a few of their parks and they do a beautiful job with it. They are in excellent condition."

However, Medvil has asserted it has a legal right to purchase the parks.

Lamontagne said a contract between park owners and Hometown America stated that residents could buy the parks if Medvil matched the figure given to Hometown.

The original price tag for the parks was $10.55 million, which Medvil matched, said Lamontagne. During a five-month period, Medvil has matched succeeding prices. The current price for the parks is $10.7 million.

Loiselle said he does not have negative feelings toward Medvil members, but he said there are many elements to consider before the park is sold.

"I think there is a law that says (Medvil) has the right to match the offer, but I think there are other things to look at, one of which is the upkeep of the property as it is today," he said.

He said Medford Farms and Village of Glen Falls are not a large corporation.

"We are a good company – not the Goliath that we have been made out to be," he said. "This is just purely a case where we feel a volunteer group can't maintain and take care of 300 homes."

A hearing was scheduled on the motion for preliminary injunction for Wednesday, Aug. 3, at Hillsborough County Superior Court.