Park City Files Lawsuit Against Talisker

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Publish Date

03/09/2012

SAM Magazine--March 9, 2012--Park City Mountain Resort (PCMR) today filed a lawsuit against Talisker Land Holdings, LLC. The suit seeks to resolve a lease issue.

"After extensive and, sadly, unsuccessful negotiations, we reluctantly took the initiative to file this lawsuit," says Jenni Smith, president and general manager of Park City Mountain Resort. "We need to protect the future of the company and our more than 1,200 employees, who bear a tremendous burden of uncertainty in this matter, and the many local businesses and homeowners in the Greater Park City area. We are seeking relief through the court, the only option left at our disposal."

According to PCMR, at issue is the continuing right to use land occupied by some of Park City Mountain Resort's chairlifts and runs. On December 27, 2011 Talisker Land Holdings, LLC advised PCMR that it deemed that the resort's right to use the land expired, and that PCMR would need to vacate the premises unless the resort entered in to a new agreement for the use of the land.

Talisker responded to the lawsuit hours later with the following message: "We have not reviewed PCMR's complaint in detail as of yet.

"PCMR's lease of Talisker's land expired in 2011.

"Talisker has offered PCMR new lease terms, and the parties have been in discussions regarding such new lease terms, which are subject to an agreement of confidentiality.

"We had hoped to reach terms on the new lease that would be fair to both parties. Unfortunately it appears that PCMR is attempting to use litigation to better its position, and avoid reaching a mutually fair outcome.

"At no time in these negotiations has Talisker contemplated or threatened to close Park City Mountain. We believed the negotiations were continuing and we are disappointed by PCMR's action today.

"Talisker will have no further comment at this time."

PCMR claims that the, "Principals of Park City Mountain Resort and Talisker met repeatedly in 2009, 2010 and 2011 to discuss multiple property transactions, business opportunities and infrastructure investments, including the future lift conncection between Park City Mountain Resort and Canyons Resort, a Talisker property. In the Summer of 2011, Park City Mountain Resort paid its annual fee for the use of the land, which was accepted by Talisker, and invested $7 million in infrastructure upgrades throughout the Resort."


According to a complaint filed in the Third Judicial District Court (Summit County), "plaintiffs sue the defendants to prevent them from interfering with the continued operation of the Resort and from attempting to shut the Resort down."

PCMR has, in the meantime, posted information on a website, including the complete complaint, FAQs, and other materials. Check out www.SupportPCMR.com. \

Comments

PCMR got sidetracked...

In the past, Park City Mountain Resort (PCMR) could have purchased the land, but choose not too, since its land lease was so cheap, allegedly at some $150,000 a year. Today, the lease is up for renewal and PCMR may not like its terms and tries to rally the town's population on its side, but based on early responses, PCMR is not getting the expected support. For years, Park City Mountain Resort has milked its purchased made from Nick Badami to the max, having spent very little on new lifts, and keeping most of its older, slower ones in service. Further, what used to be Utah's largest resort has gotten seriously sidetracked by its terrain park and is falling significantly behind its two next door competitors that have led in terms of service and infrastructure. In spite of taking its plight to the court of public opinion, Park City Mountain Resort might be in a tough legal bind, and short of abandoning its initial investment, will have to abide by its landlord's new terms and conditions.

Really?

SO.. you want to continue operating and making money while occupying someone else s property but you will not do this by reaching an agreement with the owners that would allow you to do just that? Park City's solution is to sue and go to court?
Powdr Corp does a lot of questionable moves to me... it's not like they did not know this was situation was approaching them..they continued to purchase additional resorts and properties. I don't think I would take there side on this one in court.

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