The PCMR side, though, does not want 3rd District Court Judge Ryan Harris to identify an amount that day.
Attorneys for Talisker Land Holdings, LLC and PCMR last week wrote letters to the judge outlining positions on one of the key decisions facing Harris. The bond is expected to reach into the millions of dollars. Neither side, though, has publicized details as they craft a dollar figure to submit for the judge's consideration. The bond would cover damages should PCMR's appeal be unsuccessful.
The judge has sided with Talisker Land Holdings, LLC on the most important points in the case. He has signed a de facto eviction order against PCMR but stayed its enforcement. PCMR has taken a step in anticipation of an appeal to the Utah Supreme Court.
John Lund, the lead attorney for Talisker Land Holdings, LLC, on July 29 wrote Harris a one-page letter discussing the bond. Lund says in the letter Talisker Land Holdings, LLC wants the Aug. 27 court date to "be devoted to setting the proper amount of the bond and also to establishing the manner and timing for posting of the bond."
But in a two-page letter to the judge on Aug. 1, Alan Sullivan, the lead attorney for the PCMR side, says the Aug.
"Once the Court provides us with guidance on the legal principles it intends to apply in determining the amount of the bond and whether it wants to hold an evidentiary hearing on some of the issues, the parties can file sequential briefs on what they contend the amount should be . . . ," Sullivan says in the letter.
Sullivan, meanwhile, anticipates the sides will "inevitably disagree on crucial legal questions." He lists issues such as the how any damages claimed by Talisker Land Holdings, LLC will be measured and the amount of time since April of 2011 that Talisker Land Holdings, LLC can claim damages. The judge has ruled the PCMR lease expired in April of 2011 after it was not renewed.
Sullivan also says questions remain about the period that Talisker Land Holdings, LLC is entitled to be awarded triple damages, known as treble damages in legal terms, and whether PCMR must post a bond to cover three times the amount of damages.
"We are concerned that, unless the parties know the ground rules relating to these legal questions, the parties' briefs and evidentiary presentations are unlikely to be helpful to the Court," Sullivan says in the letter.
Lund has said Talisker Land Holdings, LLC wants the bond to include rent during the past three ski seasons and any in the future as the case continues as well as attorney fees and interest. Both sides are tapping experts to research the topics like the lease value of the disputed land.
A telephone conference is slated on Wednesday afternoon. The conference is expected to address issues the attorneys raised in the two recent letters as well as the upcoming court date.
The Wednesday telephone conference is scheduled a little more than a week before a deadline set by the judge when he ordered the sides into mediation during a court date in June. Neither PCMR nor Talisker Land Holdings, LLC has discussed details of the mediation.
Vail Resorts is overseeing the lawsuit for Talisker Land Holdings, LLC as part of a long-term agreement to operate Canyons Resort. The deal could be expanded to include the disputed terrain at PCMR depending on the outcome of the case.