227 replies to this topic

[Peter]

From the Park Record's Twitter: "judge indicates he will sign eviction order but stay the order until at least late Aug."

https://twitter.com/Parkrecord

[CH3skier]

I would think the quicker they can resolve it, the better it would be for both parties, but i don't see that happening. I'm sure it will be an interesting two months.

Here is a news link on it.

http://www.ksl.com/?...d&s_cid=queue-2

This post has been edited by CH3skier: 19 June 2014 - 02:01 PM

[CH3skier]

Judge signs de facto eviction notice against PCMR

He recently indicated he would take the action as he ordered mediation
<a class="articleByline" href="mailto:citynews@parkrecord.com?subject=The%20Park%20Record:">Jay Hamburger, THE PARK RECORD
Posted: 07/02/2014 03:30:10 PM MDT0 Comments



The 3rd District Court judge presiding over the lawsuit between Park City Mountain Resort and its landlord, Talisker Land Holdings, LLC, signed a de facto eviction notice against the resort early Tuesday evening.
Ryan Harris put a seal on a document known as an order of restitution at 5:40 p.m. Harris had been expected to sign the document since indicating he would do so at a June 19 hearing. He ordered the sides into mediation during the hearing in an effort to resolve the dispute.
Harris stayed the enforcement of the order of restitution until at least Aug. 27. It gives PCMR 60 days after the Aug. 27 hearing to vacate the premises if an agreement is not reached during mediation and an eviction proceeds. The judge says he could change the 60-day period to vacate at the Aug. 27 hearing or keep the stay intact at that hearing.
The order of restitution gives the Summit County Sheriff's Office or a constable the ability to enter the land "by force using the least destructive means possible to remove" PCMR from the acreage.
The judge also put a seal on an order in favor of Talisker Land Holdings, LLC indicating that he had sided with the firm in a claim against PCMR that the resort is unlawfully occupying the land. Harris previously made that ruling.
The disputed acreage underlies most of the resort's terrain. Land just uphill from the base area, the base area itself and the parking lots are not involved in the case.

This post has been edited by CH3skier: 02 July 2014 - 01:56 PM

[CH3skier]

PCMR takes first step toward an appeal to Utah Supreme Court

Attorney describes move as 'precautionary measure' as mediation continues
Jay Hamburger, THE PARK RECORD
Posted: 07/10/2014 04:04:02 PM MDT0 Comments



Park City Mountain Resort on Thursday took the first step toward appealing a district court judge's rulings in a lawsuit against its landlord to the Utah Supreme Court.
PCMR attorneys filed a notice of appeal in 3rd District Court indicating they want to bring the case to the state's highest court.
The notice identifies a July 1 order issued by Judge Ryan Harris in favor of the landlord, Talisker Land Holdings, LLC, regarding a claim that the resort is unlawfully occupying the land. It also identifies an order of restitution entered by the judge on July 1. The order of restitution is a de facto eviction notice. The appeal would also incorporate "all subsidiary rulings and orders leading to these orders," according to the filing.
The PCMR side had long indicated it intended to appeal the rulings had they been in favor of Talisker Land Holdings, LLC.
"Today PCMR filed a notice of appeal to the Utah Supreme Court as a precautionary measure taken to protect PCMR's appellate rights. This action is not intended to delay proceedings before the Third District Court and will not interfere with implementation of the Court's order to mediate, which PCMR supports," PCMR's lead attorney, Alan Sullivan, said in a prepared statement. "PCMR has been trying to resolve this dispute for over two years and is committed to finding a resolution that works for both parties and the community."
Talisker Land Holdings, LLC did not immediately release a statement in response to the filing.
The case centers on PCMR's lease of Talisker Land Holdings, LLC acreage underlying most of the resort's terrain. The PCMR side brought the lawsuit, arguing the leases were extended, among other points. The case now involves a countersuit claiming the resort unlawfully occupied the land past the expiration of the leases.
The judge has largely sided with Talisker Land Holdings, LLC, including a series of critical rulings that could result in the landlord evicting PCMR. Harris stayed the eviction notice and ordered the sides into meditation in an attempt to reach an agreement.

[CH3skier]

Looks like a last ditch effort, doubt Talisker will accept the offer.

PCMR offers 'immediate payment' to Talisker to save ski season

Offer outlined in a letter to city attorney as mediation deadline nears

Jay Hamburger, THE PARK RECORD
Posted: 08/12/2014 04:09:03 PM MDT20 Comments

<p class="articleBody" id="articleBody">

Park City Mountain Resort indicated last week it would immediately pay a firm under the Talisker corporate umbrella a sum that it considers greater than fair market value to lease most of the land underlying the resort's terrain until the end of the 2014-2015 ski season.
Alan Sullivan, the lead attorney for PCMR in a lawsuit against its landlord, Talisker Land Holdings, LLC, outlined the offer in broad terms in an Aug. 6 letter to Park City Attorney Mark Harrington. It was also sent to John Lund, who is leading the Talisker Land Holdings, LLC legal team. City Hall released the letter and two other recent correspondences related to the case after media requests using state open-records laws.
Sullivan says in the letter the immediate payment would cover a lease from May 1, 2011 until April 30, 2015. The amount would be based on an independent expert's opinion, the letter says. The 3rd District Court judge presiding over the case, Ryan Harris, has ruled PCMR's leases expired on April 30, 2011 after they were not renewed. In return, Sullivan says, PCMR wants Talisker Land Holdings, LLC to agree to not pursue an eviction of the resort until after the 2014-2015 ski season.
Harris has signed a de facto eviction order against PCMR but stayed its enforcement to allow the sides to attempt to reach an agreement through mediation. The mediation deadline is Friday. An important hearing is scheduled Aug. 27. There are concerns at City Hall and in the wider Park City community that PCMR could not open for the 2014-2015 ski season or open as a significantly scaled back operation on the lower terrain, which is not involved in the case.
"PCMR's payment would be made without prejudice to the right of either side to prove to the Court at trial that a higher or lower annual rent should apply for this period. We think that this is a sensible solution to the immediate impasse. It would allow the litigation to proceed without holding the community hostage. Neither party would be harmed. And it may lead to a resolution of the entire dispute," Sullivan says in the letter.
The three recent letters cover a variety of topics. The first, dated Aug. 4, was from Lund to Harrington and was apparently spurred by comments made by Mayor Jack Thomas and Park City Manager Diane Foster about the case. Harrington responded to Lund on Aug. 6.
The letters come at a critical time in the case with the mediation deadline looming and the Aug. 27 court date following shortly afterward. Neither PCMR nor Talisker Land Holdings, LLC has provided details about the mediation efforts. The sides are also readying court filings that will address the dollar figure that would be attached to a bond that would allow PCMR to remain on the disputed acreage as the resort pursues an appeal of the case to the Utah Supreme Court.
Vail Resorts is overseeing the lawsuit on behalf of Talisker Land Holdings, LLC as part of a long-term agreement to operate the Talisker corporate family-owned Canyons Resort. The deal could be extended to the disputed terrain depending on the outcome of the case.
Some of the highlights from the three letters include:

• Lund addressing public statements made by the mayor and city manager about the case in his letter to the city attorney.
  "The comments by these City leaders incorrectly suggested that Talisker and PCMR must negotiate an out-of-court agreement as to the bond amount and cannot rely on the Court to set such an amount. More troubling were comments that Talisker's damage claim was 'piling on' and accusing Talisker of 'splitting the resort in half' by leasing the land to Vail. We very much understand and appreciate the City's concern regarding the dispute between Talisker and PCMR and the toll it is taking on the community. However, we believe all of these comments are unfounded and could be construed to be trying to influence the legal process itself," Lund says
  
• Sullivan disagreeing with Lund's statement about influencing the legal process. In his letter to Harrington, Sullivan also describes PCMR's interest in a new lease or a purchase of the disputed terrain.
  "You may know that each year we have submitted a check to Talisker for the rent called for by the leases, and each year Talisker has returned the check to us. Since the rent required by the leases is less than the property's current market rent, PCMR has repeatedly made it clear that, as a way of resolving this case, it is prepared to pay Talisker rent well in excess of the fair rental value, and it is prepared to do so today. PCMR has also repeatedly offered to purchase the leased property at a premium over its fair market value. But since Vail Resorts has taken over the litigation on Talisker's behalf, it has refused to consider the renewal of the lease or a sale of the property," Sullivan says.
  
• Harrington in his letter to Lund expressing doubts about the sides reaching an agreement through negotiations.
  "The Mayor and City Council expect the parties to reach an agreement. However, your letter leads to a logical assumption that a resolution is unlikely and certainly not imminent, even temporarily through the posting of a bond. That assumption is drawn from the parties' inclination to return their focus to the court proceedings as opposed to negotiation. Your statement that Talisker 'must take this matter through the normal court process' confirms that the parties have little hope of broader negotiations, such as using next season's revenues as a foundation for a mutually acceptable agreement. From the City's vantage point, all conceivable resolutions, including bond, lease, sale, escrowed revenue, or joint operation, have one common element: a fully operational resort generates revenue regardless of the name of the operator," the city attorney says.
  
  
  
  To view the letter from John Lund, attorney for Talisker Land Holdings, LLC, to Mark Harrington, the Park City attorney, dated Aug. 4, 2014, click here.
  To view the letter from Mark Harrington to John Lund, dated Aug. 6, 2014, click here.
  To view the letter from Alan Sullivan, attorney for PCMR, to Mark Harrington, dated Aug. 6, 2014, click here.

[liftmech]

It's becoming clear that the two sides will not agree on anything that's not mandated by the courts.

I have a much more long-winded rant about the subject but I suppose I should leave it at this ^

[Peter]

Both sides are in court today arguing about the bond amount PCMR must pay to operate this season. Talisker asked for $124 million. PCMR argued for $1-6 million. Ruling at 1:30pm mountain time.

[Peter]

Judge delayed his decision a week...now Sept 3rd 1:30pm

[CH3skier]

$17.5 Million dollar bond required if PCMR wants to operate this year.

[Peter]

CH3skier, on 05 September 2014 - 02:27 PM, said:

$17.5 Million dollar bond required if PCMR wants to operate this year.

Works out to about $145,000 per day PCMR must pay by friday to operate for 2014/15. Another $19 million for 2015/16 due March 2nd. Regardless PCMR still has to leave at the end.

[Skiing#1]

http://www.kutv.com/...vid_13576.shtml


PCMR Must Pay $17.5 Million To Stay On Mountain

(KUTV) Operators of Park City Mountain Resort must pay $17.5 million in a week to stay on much of the mountain.

"It's time the community knows if they're going to have a ski season at PCMR," said Judge Ryan Harris on Friday, who set the figure, and said it would cover damages, attorneys' fees, and rent for the upcoming season.

PCMR is required under Harris' order to post cash or a "surety bond" to stave off eviction, as a complex legal fight continues over the future of the resort.

Much of its terrain is owned by Talisker, a "luxury real estate, recreation and hospitality company," which has other high elevation holdings in Utah, including the Canyons Resort.

PCMR's parent company, Powdr, said it owns the base of the mountain, water rights, and ski lifts. But it missed a deadline with Talisker to renew a lease for top slopes, which have now reportedly been leased to Vail.

The $17.5 million would buy PCMR another year, and keep the resort open---a hope for a community now synonymous with skiing.

After the judge's decision, PCMR lawyer Alan Sullivan said it is his hope the season goes forward, but he stopped short of saying PCMR will pay. Sullivan cast the options as posting the bond, or notifying the judge that will not happen.

Whatever PCMR decides, two neighboring resorts---Deer Valley and the Canyons---will be open. Still, if Park City Mountain Resort sat out the season, repercussions could be felt in marketing, branding, and tourism.

Myles Rademan, a former city official in Park City, said no season would bring "collateral damage."

Alex Butwinski, until recently a city council member, suspected people in the community would blame PCMR and Talisker, if the mountain goes dark.

Mike Sweeney, an owner of Town Lift Plaza, was not confident of a season at the signature resort, saying of the $17.5 million, "that's a lot of money."

By Brian Mullahy

[SkiBachelor]

If I was Powdr, I would see if Vail was interested in a swap for one of its other properties, but more than likely it isn't.

[Lift Dinosaur]

Should of...could of...would of...
None of that is going to happen. It is carnivorous.
Dino

[Peter]

According to SAM, PCMR is paying the bond and the season will go on.

[Skiing#1]

Look up!

https://www.facebook...?type=1

[2milehi]

Curious what kind of maintenance was done to those lifts while PCMR was in limbo.

[skistats]

So $145,000 per day / lets say $50 net revenue of a lift ticket = 2900 skiers per day needed just to pay the bond?

[Peter]

skistats, on 09 September 2014 - 09:01 PM, said:

So $145,000 per day / lets say $50 net revenue of a lift ticket = 2900 skiers per day needed just to pay the bond?

Ian Cumming is 377th on the list of wealthiest Americans...net worth $1.3 billion.
http://www.forbes.co...mming_TFXA.html

[RibStaThiok]

Lifts are getting their maintenance right now...

[NoPainNoJane]

Just announced this morning, PCMR is now EPIC, apparently Vail bought out the facilities at the base from Powdr for a cool $182.5M.

http://investors.vai...eleaseID=870423

This post has been edited by NoPainNoJane: 11 September 2014 - 08:09 AM