The owner of Park City Mountain Resort (PCMR) has filed suit against Talisker Land Holdings, LLC to ensure that PCMR will continue to operate as one of the nation’s premier destination ski resorts. Since 1971, PCMR has used land owned by Talisker as an important part of its ski terrain. On April 30, 2011, PCMR provided Talisker with written confirmation of PCMR’s extension of the parties land-use arrangement for 20 additional years. In addition, PCMR paid Talisker the rent required annually under the parties’ agreement. Between 2009 and mid-2011, PCMR provided Talisker with repeated declarations of its intent to operate the resort through 2051. PCMR also advised Talisker of its intent to make major expenditures for ski terrain infrastructure improvements—expenditures totaling over $7,000,000 during the summer of 2011 alone. In late December 2011, however, Talisker notified PCMR for the first time that it took the position that the parties’ agreement expired in April 2011.
PCMR first asks the court for a declaration that the parties’ agreements have not expired but have been extended to 2051.
PCMR next asks the court for an injunction to prevent Talisker from shutting down PCMR’s business operations. If Talisker is not enjoined, the financial consequences to PCMR, it employees, the Park City community and the state would be disastrous.
Alternatively, PCMR seeks damages for Talisker’s delay in disclosing its intent to terminate the parties’ agreements. With knowledge that it intended to evict PCMR, Talisker continued to collect rental fees, allowed PCMR to invest over $7,000,000 in infrastructure improvements, and participated in discussions regarding a possible interconnect between the two resorts. PCMR seeks compensatory damages in the amount of $7,000,000 plus interest as well as punitive damages.
This post has been edited by CH3skier: 09 March 2012 - 12:33 PM