Lawsuit over canceled Kimball Farm event dismissed !

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HAVERHILL, NH. — A judge has dismissed a class action lawsuit against the organizers of an outdoor obstacle-course race planned for Kimball Farm in Haverhill.

The suit was filed after the event was canceled and later moved to Maine. That angered some people who had paid money to participate and were unable to attend after the event was moved.

In their suit against organizers of the Mudderella obstacle course, the plaintiffs said that just days prior to the event planned for Sept. 6 at Kimball Farm, Tough Mudder Inc. moved the race to Westbrook, Maine. The plaintiffs said the organizers refused to refund their registration fees and alleged damages on behalf of themselves and other people who wanted to attend the event. 

On June 3, 2014, the Haverhill City Council denied permits for three outdoor sporting events at Kimball Farm — Foam Fest and Dirty Girl Mud Run on July 19, and Mudderella on Sept. 6. The council denied the permits in the wake of major traffic problems at the May 31 Color Me Rad race at Kimball Farm. Organizers of the event said a larger-than-expected number of participants showed up at the same time, when previous similar events at Kimball Farm had staggered starting times.

Kimball Farm’s owners proved the farm was capable of hosting large-scale events without disrupting the neighborhood when it hosted KidsFEST on June 9 of last year. The successful event drew 6,000 to 8,000 participants and created no traffic problems.

After Haverhill officials rejected Mudderella, the event was initially relocated to the Amesbury Sports Park and planned for Sept. 6. 

But in late August, Amesbury officials put a stop to the plan, citing problems with a similar obstacle-course race, called the Spartan Race, that was held behind Amesbury Sports Park  Aug. 9 and 10. 

The Spartan Race was a 4.8-mile trek that wound through the Hunt Road Landfill site and Merrimack Landing Conservation Area, as well as other privately owned land, according to Amesbury officials. Those officials obtained a legal order barring the sports park from trespassing on city land and private property, which the sports park accessed without permission for the Spartan Race.

The Mudderella event was then relocated to Westbrook, Maine.

By Mike LaBella mlabella@eagletribune.com

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