High court says lawsuit can proceed for failed oversight in Kingdom Con case

MONTPELIER, Vt. (WCAX) - The Vermont Supreme Court says a lawsuit against the state for failed oversight in the Kingdom Con case can go forward.

The high court ruled that two of 13 claims-- alleging negligence and breach of contract-- can be heard against the Commerce Agency and two former employees.

This all relates to the massive development project at Jay Peak. It was built using foreign investments under the EB-5 program. The state took on the role of oversight but the plaintiffs say no oversight took place and federal prosecutors later alleged that $200 million was misappropriated in a Ponzi-like scheme.

The state argued that it is immune to legal liability but the Supreme Court says some of the claims can proceed to trial.

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