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Court ruling calls situation ‘unfortunate,’ hopes for a resolution
Posted: 11/23/2012 04:20:44 PM MST
Third District Court Judge Ryan Harris, calling the lease dispute between Park City Mountain Resort and a firm under the Talisker Corporation umbrella “unfortunate,” on Tuesday dismissed key parts of PCMR’s lawsuit against its landlord.
Talisker Land Holdings, LLC and United Park City Mines won dismissals of six points of PCMR’s case, including one focused on PCMR’s assertion that Talisker Land Holdings, LLC had a duty to remind the resort of the requirements of a lease renewal as the expiration date approached. The 47-page ruling also dismissed PCMR’s antitrust claims against Talisker Land Holdings, LLC.
” . . . The Park City Parties had an obligation to strictly comply with the Leases’ renewal provisions, and they failed to do so,” Harris wrote.
Harris, meanwhile, allowed the PCMR side to press forward with two points — one encompassing a contention that Talisker Land Holdings, LLC waived its right to claim or is stopped from claiming the leases expired and the other for damages if it is found that Talisker Land Holdings, LLC failed to disclose early on that it saw the leases as having expired.
The lawsuit focuses on PCMR’s two leases of Talisker Land Holdings, LLC ground, approximately 3,700 acres, to operate the resort. The Talisker Land Holdings, LLC side claims PCMR did not provide written notice of its intent to extend the leases on time and they expired in April, 2011. PCMR says it communicated an interest in extending the lease, but it has acknowledged that a confirmation letter was not sent until after the deadline.
The judge’s ruling includes a strong statement on the point, saying that the leases are written in “plain language.”
“The Park City Parties maintain that this language allows them to make a non-written ‘election,’ as long as they provide to the Talisker Parties, at some later point, written confirmation of this election. This is simply not a tenable interpretation of the plain language. Indeed, this interpretation borders on the nonsensical, and contains no conceivable logical limit,” he wrote.
The lawsuit has been closely watched in the Park City area and its outcome could have wide-ranging impacts on the local ski industry. The PCMR side has claimed the Talisker Corporation side wants to eliminate it as a competitor to Talisker-owned Canyons.
“The current situation is unfortunate. The Court is aware of, and mindful of, the importance of PCMR and The Canyons to Summit County’s economic, cultural, and recreational well-being,” Harris wrote in his ruling. “The Court is, like many citizens of Summit County and of the State of Utah, hopeful that these parties can resolve their differences and keep both resorts operating in an economically beneficial manner . . .”
Attorneys for Talisker Land Holdings, LLC and PCMR, speaking in interviews after the ruing was released, said their sides are willing to engage in settlement negotiations. They did not provide details. If a settlement is not reached, the sides intend to enter the discovery phase of the lawsuit, when the attorneys conduct depositions and obtain documents from the other side.
Daniel Beller, the lead attorney for Talisker Land Holdings, LLC, said in an interview his side is confident in the facts of the case. Alan Sullivan, the attorney who represents PCMR, said if his side prevails on the remaining points Talisker Land Holdings, LLC could be prevented from claiming the leases have expired.
Park City is about to get dirty…dirty modern that is with The Enclave at Sun Canyon project!
One of the very few new developments currently under construction in beautiful Park City, The Enclave at Sun Canyon features 35 contemporary town homes. The inspiration for Enclave comes from Steven P. Urry, founder of Synergy Development and long time area resident. Mr. Urry acquired this mountainside out of appreciation for its poetic beauty and with a vision of what it would become. It was this strong tie to the area and community that caused him to hold on to the property through the economic downturn. With a tradition of developing high quality properties, Steve Urry is introducing a unique and special product to the Park City market.
The townhomes at the Enclave at Sun Canyon have been architecturally designed to seamlessly blend, and intrinsically synergize, with their surroundings. The setting is an unspoiled landscape of immense beauty, secluded in aspens and pines, at the apex of Sun Peak, near the Canyons Ski Resort. Constructed of stacked stone, beamed ceilings, floor to ceiling glass, wood flooring, scenic decks and a combination of grass and metal roofs, these residences bring new meaning to indoor/outdoor living. Featuring 4 bedrooms, 4 bathrooms and ranging in size from 2700 SF to 3200 SF the pricing starts at $1,350,000. Completion of first two units is slated for May 2013.
By Dee Macaluso
One of the surest signs of spring that we locals cherish is the opening of the Park City Farmer’s Market. Starting on May 30th it’s held every Wednesday from noon to 6:00 p.m. at the Canyons parking lot right off highway 224. You’ll know it by all the white tents. If you want really healthy, fresh produce, meats, baked goods, arts, crafts and other treats, this is the place (where have I heard that phrase before…?) It’s good on so many levels. You’re supporting local growers and producers, you’re not contributing to the polluting energy needed to transport goods from far far away, you’re getting the best quality of natural food, and, of course, it’s fun. The market gets better and better as the summer goes on. Don’t be discouraged if there mostly early crops at the beginning. Show up every week and there will always be the lovely combination of the good old standards and some new surprises. Call 435-649-5400 for more scoop.