Vail Resorts Wednesday won its Third District Court lawsuit against Park City Mountain Resort, which contended that PCMR failed to renew its lease on ski lands at the resort. The ruling on nine motions in the three-year old-case all favored Vail’s positions that PCMR’s lease is now expired. Vail has already served an eviction notice to PCMR, which has ignored the eviction.
Vail Resorts in a brief statement said it is “very pleased” with the ruling in Talisker’s favor on all matters related to the expiration of the Park City Mountain Resort lease.”
POWDR Corporation, the owner of PCMR said through its CEO John Cumming that the results of the lawsuit “does not change the basic facts at issue: even if Vail ultimately prevails in this litigation, it cannot operate a resort on the leased ski property.” Cumming’s company owns the base lodges, parking lots and base station property where the chair lifts start up the mountain. Part way up the ski hills is where Talisker’s land begins.
The ruling, by Third District Judge Ryan Harris, comes after three years of litigation. PCMR’s lead attorney, Alan Sullivan, said in a statement that, “We believe there are significant factual disputes which require a trial and at the appropriate time we intend to appeal these rulings."
There is another court hearing scheduled June 19th to hear Vail and Talisker’s request that they should be able to evict PCMR from their property. They have in the past filed three day notices to leave but PCMR has not complied.
John Cumming of POWDR said Wednesday, “Even if Vail ultimately prevails in this litigation, it cannot possibly operate a resort on the leased property. They do not own the adjacent lands and facilities that are essential for ski operations to take place.” And, Cumming added, “They are not for sale."
The Third District Court found in favor of Vail/Talisker on multiple counts this morning. More to come.