Currently Park City Mountain Resort is in a lawsuit over the land they use with Talisker Land Holdings, LLC and Vail Resort. The Utah resort failed to renew its lease of the land owned by Talisker that is home to a vast majority of its trails and lifts which prompted an eviction notice. As such Talisker has found a new company to lease the land to in Vail Resorts. As the litigation is proceeding PCMR is preparing for the worst with an outlined plan.
Early last week the president and general manager of PCMR, Jenni Smith, outlined the resort’s intentions to remove all moguls and rollers. “While if we lose, which we don’t believe will happen, in a worst case scenario we have to be prepared. That is why we are taking all moguls and rollers with us.”
The eviction notice maintains that structures and improvements “that are affixed” to the property, including the moguls, will belong to Talisker Land Holdings, LLC if it is successful in the case. The leases in dispute in the lawsuit required that PCMR leave behind the infrastructure affixed to the land.
The Smith declaration details the components of the moguls that would be dismantled and removed if it must leave the acreage. They include the snow, skiers that make them, water, the grips attached to the skiers poles, the skis that move the snow and ice. “If we are forced to vacate the property, we will take our property with us,” Alan Sullivan, PCMR’s lead attorney, said in an interview.
He acknowledged that scenario is a “real possibility” that would occur if Talisker Land Holdings, LLC successfully evicts PCMR and obtains a restitution order against the resort. Sullivan said the filing was made at this point in the legal proceedings to illustrate the complexities of the case to Judge Ryan Harris. The filing argues that a restitution order should not be made until the various points in the case are decided.
The PCMR side’s memorandum, meanwhile, argues that it will require more than the few days outlined in the de facto eviction notice to remove the infrastructure if it must leave. The “magnitude of the task” is “immense” and must be done when there is snow on the ground, the filing says. It also says the Talisker Land Holdings, LLC side will not suffer if PCMR is delayed since the firm’s countersuit already seeks damages. The PCMR side indicates it would post some sort of security deposit if required by the judge.
“PCMR does not have the legal right to remove all the moguls from the mountain, but their threats are disturbing and not constructive and designed only to further delay a realistic resolution of this matter,” said John Lund, the lead attorney for Talisker Land Holdings, LLC.
Sources deep inside Powdr Corp have said that the moguls will either be sold to Alta to further keep with their skier themed Disneyland or transported to Copper Mountain in Summit County CO, so as to allow for the creation of a summer mogul camp at their Woodward facility.